United States v. Green, No. 14-12830

In United States v. Green, No. 14-12830 (Sept. 29, 2017) (Julie Carnes, Jordan, Robreno), the Court revised its earlier panel opinion from December 2016 in light of the recent en banc decision in Vail-Bailon.

Relying on Vail-Bailon, it held that the defendant’s Florida felony battery conviction satisfied the elements clause.  The panel removed its earlier holding that the “touching or striking” component of Florida battery law was divisible, and that the defendant’s offense involved a striking under the modified categorical approach.

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In United States v. Jones, No. 17-12240 (Oct. 25, 2018) (Marcus, Tjoflat, Newsom), the Court held that Florida second-degree murder is a violent felony under the elements clause of the Armed Career Criminal Act. The Court rejected the defendant's primary argument that the use of poison did not constitute the use of physical force.  Prior [...]

United States v. Carthen, No. 16-17653 (Oct. 25, 2018)

In United States v. Carthen, No. 16-17653 (Oct. 25, 2018) (Martin, William Pryor, Baldock), the Court affirmed the defendants' robbery and firearms convictions and sentences over multiple challenges. First, the Court found sufficient evidence that one of the defendants conspired to commit a robbery and voluntarily participated in the robbery with a firearm. Second, the [...]

United States v. Garcia, No. 14-11845 (Oct. 19, 2018)

In United States v. Garcia, No. 14-11845 (Oct. 19, 2018) (Marcus, Wilson, Graham (S.D. Ohio)), the Court affirmed the defendant's tax-related convictions. The primary issue was whether reversal was required because the district judge resumed trial without the presence of either the defendant or defense counsel for 3 to 10 minutes, during which time the [...]

2018-03-06T22:04:37+00:00September 29th, 2017|