In the first U.S. v. Castro decision the Eleventh Circuit initially held that the defendant in this South Florida criminal case could withdraw his federal criminal plea because the district court violated Rule 11(c)(1) by advising Castro about the penal consequences of rejecting his federal criminal plea agreement. In that…
In U.S. v. Edwards, the defendant was convicted of wire fraud, mail fraud, and money laundering arising out of an investment scheme in which Edwards promised investors astronomical returns of 75% to 800 %. Edwards claimed to own the First National bank of Georgia and he pitched his investment scheme…
The defendant in U.S. v. McQueen was a corrections officer at the South Florida Reception Center in Doral, Florida who was convicted of conspiracy to deprive several inmates of their constitutional rights in violation of 18 U.S.C. §241, specifically their right to be free from cruel and unusual punishment. McQueen…
In U.S. v Bane, the defendant was convicted of committing federal Medicare fraud and raised three challenges on appeal: 1) his sentencing guidelines calculation, 2) the district court’s calculation of his restitution amount, and 3) the fine. Bane owned companies that provided Medicare patients with durable medical equipment including portable…
In U.S. v. Philador the two defendants pled guilty to conspiracy to steal government funds in violation of 18 U.S.C. §371 and to the charge of theft of government funds in violation of 18 U.S.C. §641. Their offenses involved a scheme to submit fraudulent tax returns to the Internal Revenue…
In U.S. v. Whatley, the defendant was charged with four armed bank robberies that took place from 2003 through 2006. He was arrested following an aborted robbery attempt in 2007, to which he pled guilty. At his federal criminal trial on the earlier four bank robberies, the government called 14…
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…
In U.S. v Washington the defendant pleaded guilty to conspiracy to traffic in unauthorized credit cards and using and trafficking in unauthorized credit card numbers in violation of 18 U.S.C. § 1029. The presentence investigation report recommended an enhancement under sentencing guidelines § 2B1.1(b)(2)(C) because the number of victims exceeded…
In U.S. v. Diaz Calderone, the defendant was convicted and sentenced for the federal crime of being found in the United States after having been deported. The issue here is whether a prior Florida aggravated battery conviction should be classified as a “crime of violence” under the sentencing guidelines to…
In U.S. v. Hall, the defendant pled guilty to the charge of possession of a handgun by a convicted felon. The district court enhanced his sentence after the court determined that a prior felony conviction for possession of an unregistered shotgun qualified as a crime of violence under the sentencing…