In U.S. v Woods the defendant was charged with violating federal child pornography laws. In his defense he raised Constitutional challenges under the Fifth Amendment and Sixth Amendments for failure to advise him pursuant to Miranda v. Arizona and he challenged the law the under the Due Process Clause for…
In U.S. v. Welch the 11th Circuit found the entry into a defendant’s home was illegal, but the illegal entry did not taint the subsequent consent by the defendant to a search. Welch was charged with being a felon in possession and sentenced to 15 years as an Armed Career…
In U.S. v. Lebowitz the defendant was charged with producing child pornography in violation of 18 U.S.C. §2251(a) and one count of attempting to entice a child to engage in unlawful sexual activity in violation of 18 U.S.C. §2422. Lebowitz began communicating with a15 year old boy male, K.S. on…
In U.S. v. Lewis an 11th Circuit panel majority reversed the district court’s order suppressing evidence seized during an investigatory stop in this government interlocutory appeal. The district court in Florida federal court had granted defendant Lewis’ motion to suppress a firearm discovered after he and three associates were briefly…
In U.S. v. John Doe the 11th Circuit came down on the side of a person’s Fifth Amendment right not to incriminate himself. Doe was held in civil contempt for failing to comply with a subpoena duces tecum requiring him to appear before a grand jury and produce the unencrypted…
The Defendant in U.S. v Ignasiak was a medical doctor convicted of dispensing controlled substances in violation of the Controlled Substances Act and for committing health care fraud. The prosecution’s theory was that Ignasiak prescribed unnecessary or excessive quantities of controlled substances (pain killers) without a legitimate medical purpose and…
In U.S. v. Ly the defendant was a medical doctor licensed in Georgia to practice medicine and dispense controlled substances to his patients. Ly was charged in federal court with unlawfully dispensing controlled substances by writing prescriptions made “outside the usual course of professional practice and without legitimate medical purpose.”…
Bradley and codefendants were convicted of conspiracy to commit wire fraud, mail fraud and money laundering along with other federal statutes. Bradley, the lead defendant, owned “Bio-Med Plus,” a pharmaceutical wholesaler that purchased and sold blood-derivatives (intravenous immune globulin) used to treat patients with HIV. The fraud Bradley committed was…
Childers v. Floyd involved a federal habeas petition by Wyon Childers who claimed the Florida state courts violated his rights under the Sixth Amendment’s Confrontation clause. In this En Banc decision the court found that because there was an adjudication in the Florida state courts on the merits of the…
Though Duke v. Allen does not involve a white collar offense, it is important because it touches on a person’s Fifth Amendment right to remain silent at trial. When an person exercises the right not to testify at trial, the prosecutor can not make any comment about it in closing…