Noticias2018-03-26T22:58:36+00:00

Noticias Judiciales & Actualizaciones

United States v. Stapleton, No. 19-12708 (July 12, 2022)

In United States v. Stapleton, No. 19-12708 (Newsom, Marcus, Covington) (July 12, 2022), the Court affirmed the defendant’s alien smuggling convictions. First, the Court rejected the defendant’s argument that the government’s four-year delay in extraditing him violated his constitutional right to a speedy trial.  The district court did not clearly err in finding that the government acted reasonably and diligently (rather than negligently or in bad faith) given the onerous requirements for extradition from the Bahamas and Jamaica, and that the 33 aliens involved in the case had scattered.  And the government acted once it learned that the defendant planned to travel to Germany, a country with less demanding extradition requirements.  Because the reason for delay did not weigh heavily against the defendant, and he did not argue actual prejudice, his claim failed. Second, the Court held that the indictment was neither multiplicitous nor insufficiently specific.  While two counts charged a violation of the same statute, they charged two separate alien-smuggling conspiracies rather than one.  And while it charged three immigration-related offenses for the same conduct, they each required proof of different elements, thus satisfying the Blockburger test.  Finally, the indictment was not required to specifically identify the alleged co-conspirators.  [...]

julio 13th, 2022|

United States v. Cohen, No. 21-10741 (July 6, 2022)

In United States v. Cohen, No. 21-10741 (Wilson, Branch, Tjoflat) (July 6, 2022), the Court affirmed the denial of a motion to suppress. The Court held that Cohen had Fourth Amendment to standing to challenge the search of the rental car he was driving, even though he was not an authorized driver of the rental car and had a suspended license.  In Byrd, the Supreme Court held that standing is not defeated merely because the driver was not listed on the rental agreement.  The Eleventh Circuit rejected the reasoning of the Second Circuit, and agreed with the Eighth Circuit, that being an unlicensed driver does not defeat a reasonable expectation of privacy because it is not comparable to wrongful presence in the car.  And the Court emphasized that the Cohen did not interfere with the authorized renter’s valid possessory interest in the car because had the renter’s permission to use the car.  However, the Court ultimately held that the inventory search of the car complied with the city’s impoundment procedures, and the Court therefore upheld the denial of the motion to suppress. https://media.ca11.uscourts.gov/opinions/pub/files/202110741.pdf http://defensenewsletter.blogspot.com/

julio 6th, 2022|

Riolo v. United States, No. 20-12206 (June 29, 2022)

In Riolo v. United States, No. 20-12206 (June 29, 2022) (Jordan, Jill Pryor, Marcus), the Court affirmed the denial of Mr. Riolo's 28 U.S.C. § 2255 motion to vacate his 293-month prison sentence and convictions.     Mr. Riolo argued that his trial counsel provided ineffective assistance of counsel because she told him that if he pleaded guilty to five counts of mail fraud, he would serve no more than 10 years in prison because of a deal she had worked out with the government.  His trial counsel also advised him that his sentencing range under the Guidelines was 97-121 months' imprisonment because he had an offense level of 30 and a criminal history category of I.  He argued that he pleaded guilty based upon those representations when he otherwise would have proceeded to trial.   After an evidentiary hearing, the district court found that the trial counsel never represented to Mr. Riolo that she had a deal with the government about his guideline range and that she had properly advised him that the district court would ultimately determine his guideline range for itself.  On appeal, Mr. Riolo argued that the district court's factual findings were clearly erroneous, and that, even putting aside the disputed [...]

julio 1st, 2022|

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 defendant is convicted of being a felon in possession of a firearm: the version in effect at the time of the defendant’s federal firearm-possession violation (for which he is being sentenced), or the ones in effect when he was convicted of his predicate state crimes that we are evaluating to see whether they satisfy ACCA’s definition of “serious drug offense.” The Court held that due-process fair-notice considerations require the application of the version of the Controlled Substance Act Schedules in place when the defendant committed the federal firearm-possession offense for which he is being sentenced. With that in mind, the Court found that Mr. Jackson's 1998 and 2004 cocaine-related convictions under Fla. Stat. § 893.13 did not qualify as "serious drug offense[s]" because they encompassed the sale of, or possession with intent to distribute, ioflupane, which was not a "controlled substance" for purposes of the "serious drug [...]

junio 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 only non-fully automatic small arms, and the number of weapons did not exceed two.  In this case, the defendant exported 23 weapons parts that could be converted into only two fully assembled weapons.  The Court agreed that the exception could apply to weapons parts, not just fully assembled weapons.  However, the Court held that the exception did not apply in this case because the number of parts could service more than two weapons.  Although this reading would mean that exporting three triggers alone would produce a higher base offense level than exporting two fully assembled firearms, that did not create an absurd result.  The Court also held that it lacked jurisdiction to consider the district court’s refusal to grant a downward departure under the Guidelines. Judge Luck concurred, opining that the exception did not apply to gun parts because those were not “small arms.”  Judge [...]

junio 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 ten years or more.  The Court held that the “maximum term of imprisonment” was determined by the statutory maximum under state law.  The Court rejected the defendant’s argument that it was instead determined by the high-end of the state’s presumptive guideline range. https://media.ca11.uscourts.gov/opinions/pub/files/202013645.pdf http://defensenewsletter.blogspot.com/

mayo 27th, 2022|
Go to Top