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Articles Posted in Constitution – Bill of Rights

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Conviction for defrauding the IRS using the identifications of Florida inmates upheld

Appellants in the Pierre opinion appealed their federal criminal convictions and sentences for conspiracy to defraud the Internal Revenue Service, conspiracy to traffic in unauthorized access devises, aggravated identity theft and other substantive counts of identity theft following a jury trial.   The scheme in this case involved filing fraudulent income tax…

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Deputy sheriff loses qualified immunity protection from false arrest lawsuit

In this Civil Rights claim Carter along with two other plaintiffs sued the Butts County, Georgia Sheriff office and a deputy sheriff for false arrest, claiming the Sheriff violated the Plaintiffs’ Fourth Amendment right to be free from unreasonable search and seizures. These are the facts leading to the Plaintiffs’ arrest.…

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Defendant has the right to fire a privately retained attorney and ask for a court appointed attorney

In this appeal Jimenez-Antunez appealed the district court’s denial of his motion to fire his retained counsel and his request for court appointed counsel. Jimenez was a drug dealer with connections to a Mexican supplier who had couriers deliver drugs to Jimenez and then directed Jimenez to deposit drug sales…

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Mandatory minimum sentence for firearm charge upheld on appeal

In U.S. v Payne, Defendant Payne appealed his sentence for bank robbery and possession of a firearm, arguing that the district court violated his Sixth Amendment rights when it sentenced him to the mandatory minimum sentence on a firearm charge. Payne pleaded guilty to federal crime of bank robbery where…

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Consent by defendant’s wife to the full search of defendant’s computer results in a valid

In U.S. v Watkins, the defendant appealed the court’s denial of his motion to suppress evidence in violation of the Fourth Amendment obtained by the government as a result of a warrantless search of his computers and its denial of his motion for reconsideration and to reopen the evidentiary hearing.…

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Modifying defendant’s probation conditions for expressing his opinion about his probation sentence was constitutionally permissible

In U.S v. Serrapio, the defendant asked the court of appeals to hold that the district court’s modifications to his federal probation sentence violated his rights under the Double Jeopardy Clause of the Fifth Amendment, the Due Process Clause of the Fifth Amendment, and the First Amendment. After his federal…

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No ineffective assistance because the defendant could not prove he would have pled guilty to the mandatory minimum sentence

In Osley v. United States, the Eleventh Circuit rejected the defendant’s section 2255 claim that his counsel failed to advise him he faced a mandatory sentence, because he had turned down a plea offer prior to trial that would have given him only 70 months. Osley was convicted of multiple…

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Even though she never handled any drugs, evidence was sufficient to convict the wife of participating in husband’s drug conspiracy

Reeves and five codenfendants in U.S. v. Reeves were convicted following a nine day trial of federal drug charges including conspiracy to distribute more than five kilograms of cocaine, possession of more than 50 grams of crack cocaine, and possession of a firearm by a convicted felon. The indictment followed…

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Secretary of State Certification showing that a drug laden vessel found in international waters was stateless does not violate the Confrontation Clause

In U.S v. Campbell the defendant was indicted for conspiracy to possess and for possession with intent to distribute 100 kilograms or more of marijuana in violation of 46 U.S.C. § 70501 after he was arrested by Coast Guard on a vessel in international waters. The Coast Guard had earlier…

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Three separate warrantless searches of defendant’s residences survive Fourth Amendment challenges

The defendant in U.S. v. Yeary was convicted of the federal crimes of conspiracy to possess controlled substances with intent to distribute and with possessing multiple firearms. This appeal centers around the district court’s denial of his motion to suppress evidence under the Fourth Amendment, which was seized by police…

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