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.

Recent News

United States v. Wheeler, No. 17-15003 (Oct. 21, 2021)

In United States v. Wheeler, No. 17-15003 (Oct. 21, 2021) (Wilson, Lagoa, Brasher) (per curiam), the Court reversed a judgment of acquittal for two defendants and affirmed the convictions and sentences for three defendants involved in a telemarketing scheme that tricked investors into making stock purchases. First, notwithstanding the district court’s judgment of acquittal, the [...]

United States v. Giron, No. 20-14018 (Newsom, Lagoa, Anderson) (Oct. 13, 2021)

In United States v. Giron, No. 20-14018 (Newsom, Lagoa, Anderson) (Oct. 13, 2021), the Court—without oral argument or defense counsel—affirmed the denial of a pro se motion for compassionate release. First, the Court held that the district court did not err by relying on the policy statement in USSG 1B1.13.  The Court held in Bryant [...]

United States v. Perry, No. 16-11358 (Sept. 29, 2021)

In United States v. Perry, No. 16-11358 (Sept. 29, 2021) (Grant, Marcus, Axon (N.D. Ala.)), the Court affirmed the defendants' convictions and sentences. Defendants were indicted on numerous charges related to their involvement in a multi-year, multi-state drug distribution organization--namely, conspiracy to possess with intent to distribute in excess of 5kg of cocaine and in excess of [...]

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