First, you need the background facts of McIntosh’s first trip to the 11th Circuit. In U.S. v. McIntosh, the defendant was indicted in federal court for distributing crack cocaine and for a firearm related offense. The charges arose from a November 2005 traffic stop when an officer found the drugs…
In U.S. v. Bellaizac-Hertado, the Eleventh Circuit held the Maritime Drug Law Enforcement Act was unconstitutional as applied to a boat found in Panamanian waters. While patrolling in waters of Panama, a Coast Guard boat observed a fishing vessel operating without lights a without a flag. It informed the Panamanian…
The Defendant in U.S. v. Dortch was charged in federal court with possession with intent to distribute marijuana and carrying and possessing a firearm in furtherance of a federal criminal drug offense after a search warrant executed at the defendant’s house turned up traces of drugs and tools related to…
In U.S. v. Liberse, the defendant pled guilty to conspiracy to distribute 50 grams or more of crack cocaine in 2006. At the time of his offense, his guideline range was 121 to 151 bases on the quantity of crack cocaine. Though the mandatory minimum was 120 months, his sentence…
In U.S. v. Almedina the defendant was arrested after receiving a package containing 458 grams of heroin that was delivered to him by ICE agents in a controlled delivery. The package had been imported to Miami from Colombia. Almedina cooperated with agents in his federal criminal case and explained that…
In U.S. v. Glover the defendant moved to reduce his sentence under 18 U.S.C. §3582(c)(2) based on a retroactive amendment to the sentencing guidelines that lowered base offense levels for certain crack cocaine crimes. Glover pled guilty to 50 grams or more of crack cocaine violation 18 U.S.C. §841, but…
In U.S. v. Haile defendants Haile and Beckford were convicted of conspiracy to distribute more than five kilograms of cocaine, possession of five firearms, including a machine gun, in furtherance of a drug-trafficking offense, possession of an unregistered machine gun, and with possession of a firearm with obliterated serial number.…
In U.S. v. Merrill, the defendant was convicted in federal court in Miami of the federal crime of knowingly selling ammunition made by a Communist Chinese military company to the U.S. Army. Here are the facts. AEY, a munitions dealership based in Miami Beach, Florida, placed a bid with U.S.…
In U.S. v. Cochran the issue before the jury was whether drugs and drug related materials inside of a house belonged to a defendant or someone else who could have had access to the house. Though this happened in the Middle District of Florida, it is a common issue seen…
In U.S. v. Schneider, the defendant at age 71 had the misfortune of selling oxycodone pills to an undercover police officer. Things for him got worse when his federal sentence was enhanced the statutory mandatory minimum 15 years because he was caught with a pistol and charged with possession of…