United States v. Jackson, No. 21-13963 (June 10, 2022)

In United States v. Jackson, No. 21-13963 (June 10, 2022) (Rosenbaum, Jill Pryor, Ed Carnes), the Court vacated Mr. Jackson's ACCA-enhanced sentence and remanded for resentencing without the ACCA sentence enhancement. In this appeal, the Court considered which version of the Controlled Substance Act Schedules incorporated into ACCA’s definition of “serious drug offense” applies when a [...]

2022-06-13T18:28:04+00:00June 13th, 2022|

United States v. Stines, No. 20-11035 (May 31, 2022)

In United States v. Stines, No. 20-11035 (May 31, 2022) (Wilson, Luck, Lagoa), the Court affirmed the defendant’s sentence for unlawfully exporting weapons. Ordinarily, under U.S.S.G. 2M5.2(a), the unlawful exportation of weapons carries a base offense level of 26, but there is an exception carrying a base offense level of 14 where the offense involved [...]

2022-06-01T15:08:29+00:00June 1st, 2022|

United States v. Gardner, No. 20-13645 (May 27, 2022)

In United States v. Gardner, No. 20-13645 (May 27, 2022) (Newsom, Tjoflat, Hull), the Court affirmed the defendant’s ACCA sentence. The district court applied the ACCA based prior Alabama drug convictions.  The defendant argued that his convictions did not qualify as “serious drug offenses” because they did not have a “maximum term of imprisonment” of [...]

2022-05-27T18:43:50+00:00May 27th, 2022|

United States v. Jimenez-Shilon, No. 20-13139 (May 23, 2022)

In United States v. Jimenez-Shilon, No. 20-13139 (May 23, 2022) (Newsom, Branch, Brasher), the Court held that 18 U.S.C. 922(g)(5)(A)—which prohibits illegal aliens from possessing firearms—does not violate the Second Amendment. The Court held that illegal aliens do not have Second Amendment rights.  The Court assumed, for the sake of argument, that the defendant here [...]

2022-05-25T17:36:34+00:00May 25th, 2022|

United States v. Coglianese, No. 20-12074 (May 17, 2022)

In United States v. Coglianese, No. 20-12074 (May 17, 2022) (William Pryor, Jordan, Brown (N.D. Ga.)), the Court affirmed the defendant’s low-end 168-month for child sex crimes. After upholding the procedural and substantive reasonableness of the sentence, the court upheld a special condition of supervision restricting the defendant from accessing computers and the internet, and [...]

2022-05-17T19:50:52+00:00May 17th, 2022|

United States v. Rodriguez, No. 20-14681 (May 12, 2022)

In United States v. Rodriguez, No. 20-14681 (May 12, 2022) (Jill Pryor, Grant, Marcus), the Court affirmed the defendant’s 135-month sentence for his role in a conspiracy trafficking methamphetamine. First, the Court upheld the district court’s decision to attribute 200 kilograms of meth to Rodriguez after considering the scope of the enterprise, his particular role, [...]

2022-05-12T21:23:24+00:00May 12th, 2022|

United States v. Moon, No. 20-13822 (May 10, 2022)

In United States v. Moon, No. 20-13822 (May 10, 2022) (Jill Pryor, Branch, Hull), the Court affirmed the defendant’s child pornography convictions. First, the Court upheld the denial of a motion to suppress videotapes found during the execution of an unrelated search warrant on the defendant’s medical office.  The Court concluded that the search was [...]

2022-05-10T20:41:19+00:00May 10th, 2022|

Seabrooks v. United States, No. 20-13459 (May 6, 2022)

In Seabrooks v. United States, No. 20-13459 (May 6, 2022) (Wilson, Rosenbaum, Conway (MD Fla.)) (per curiam), the Court reversed the denial of a 2255 motion based on Rehaif, vacated the felon-in-possession conviction, and remanded for further proceedings. The Court issued three holdings.  First, it agreed with the parties that Rehaif announced a  new “substantive” [...]

2022-05-09T16:35:46+00:00May 9th, 2022|

United States v. Clark, No. 20-10672 (Apr. 28, 2022)

In United States v. Clark, No. 20-10672 (Apr. 28, 2022) (Jordan, Jill Pryor, Tjoflat), the Court affirmed Mr. Clark's convictions and sentence. Mr. Clark was convicted of possessing a firearm as a convicted felon, possessing methamphetamine with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime.  After a jury trial, he was [...]

2022-05-04T17:49:19+00:00May 4th, 2022|

United States v. Thomas, No. 19-11670 (Apr. 25, 2022)

In United States v. Thomas, No. 19-11670 (Apr. 25, 2022) (Branch, Grant, Tjoflat), the Court affirmed Mr. Thomas's sentence. Mr. Thomas appealed his 120-month sentence for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine and 1 kilogram or more of heroin.  He argued that the district court erred in (1) applying [...]

2022-04-26T16:33:39+00:00April 26th, 2022|
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