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…
Articles Posted in Drug crimes
Money laundering sentence incorrectly enhanced by defendant’s role in the drug conspiracy
The defendant in U.S. v. Salgado was indicted and convicted of the federal crimes of drug conspiracy, money laundering conspiracy, and possession with intent to distribute as least one kilogram of heroin. Prior to sentencing the presentence investigation report (psi) calculated his guidelines sentence range by grouping his convictions together…
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…
Amended Florida drug statute is not an aggravated felony as defined under the Immigration and Nationality Act
Dwight Donawa, a citizen of Antigua, entered the United States in 1985 and became a permanent resident. In 2009 he was convicted in Florida state court of possession of cannabis with intent to sell or deliver in violation of § 893.13(1)(a)(2). After his conviction Department of Homeland Security began removal…
No Confrontation Clause violation to admit translation transcripts of recorded conversations without calling the translator
In U.S. v. Curbelo, the defendant was convicted following a trial of conspiracy to manufacture and possess marijuana with intent to distribute in connection with his involvement with an indoor marijuana growing operation in Naples, Florida. He was specifically charged with conspiracy to manufacture and possess with intent to distribute…
Eleventh Circuit orders evidence suppressed resulting from a bad Terry stop
In U.S. v. Valerio the defendant became the target of a federal drug investigation when he was spotted at a hydroponic gardening equipment store by DEA agents acting suspiciously. After the defendant drove away, the agent followed the defendant’s truck and concluded he was acting nervous about being followed. Two…
Remand to the sentencing court to determine the drug quantity made at the sentencing
In U.S. v. Hamilton, the defendant appeal the denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), which authorizes a court to modify or reduce a sentence for an amendment to the guideline range. The defendant pled guilty to drug offenses including conspiracy to possess…
A defendant may be eligible for a safety valve reduction for a drug offense when receiving a 2-point increase for possession of a gun but it will be difficult
In U.S. v. Carrillo the 11th Circuit dealt with question whether a defendant convicted of a drug offense and receiving a 2-point guidelines increase for the possession of a firearm can be eligible for a safety valve reduction. The court ruled that that the provisions are not mutually exclusive but…
Life sentence enhancement based on juvenile prior does not violate the cruel and unusual clause of the Constitution
The defendant in U.S. v. Hoffman was sentenced to life for his conviction of conspiracy to distribute of 50 or more grams of methamphetamines in violation of 21 U.S.C. §§ 841(a)(1), 846, and with possession with intent to distribute methamphetamines. Prior to trial on these federal crimes the government filed…
Amendment restricting a sentence reduction under revised sentencing guidelines does not violate Ex Post Facto Clause
In U.S. v. Colon, the defendant, Christina Colon, pleaded guilty to the federal crime of distribution of crack cocaine and possession of a firearm in furtherance of a drug trafficking offense. The Pre-sentence Report calculated her range at 46- 57 months and the district court varied down to 36 months.…