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Articles Posted in Firearm offenses

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No sentencing guidelines enhancement for arms smuggler who sold to a paramilitary terrorist group in Columbia

Francisco Arcila Ramirez was charged with several federal crimes in connection with selling firearms to the National Liberation Army (ELN), a paramilitary group in Columbia, designated by the U.S. State Department as a foreign terrorist organization.  Through a straw purchaser, he acquired AK-style weapons in the Miami, Florida area, then…

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Miami Police officers’ convictions for providing protection to undercover drug dealer is upheld

Two Miami Police officers were charged and convicted in federal court with conspiracy to possess with intent to distribute over five kilograms of cocaine, for protecting drug couriers, and for possession of a firearm during and in furtherance of a drug trafficking offense.  The investigation began with an F.B.I. investigation…

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Fourth Amendment challenge to seizure fails because the defendant was free to leave the police encounter.

Anthony Knights was convicted of the federal offense of possession of a firearm and ammunition by a convicted felon.  In his appeal he challenged his conviction claiming the arresting officer violated his Fourth Amendment right to be free from unreasonable search and seizure when officers conducted an investigatory stop of…

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Anonymous 911 caller was sufficiently reliable for officers to stop and investigate

Toddrey Bruce appealed his conviction for unlawful possession of a firearm by a convicted felon. Bruce was arrested when he was found in the possession of a firearm which was illegal under federal law for him to possess. In this appeal he claimed the trial court erred by not granting…

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RICO is not a crime of violence for a 924(c) gun possession offense

  A group of brothers, relatives, and friends who operated a drug trafficking organization in Bradenton, Florida, were charged and convicted of participating in a RICO conspiracy, a drug conspiracy, and gun crimes. The defendants raised two issues in this appeal. First, whether the RICO conspiracy qualified as a crime…

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Reaching into a pants pocket to seize a bullet was a constitutional pat down search

In U.S. v. Johnson the Eleventh Circuit court of appeals reversed a panel decision which held that an officer conducted an unconstitutional search and seizure when he removed a round of ammunition from the defendant’s pocket after conducting a pat down of the defendant who was a burglary suspect. The…

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The emergency-aid exception overcame a warrantless home search challenge

A U.S. Marshals Service fugitive task force and counter gang unit sought to arrest Cooks at his home.   A member of the Bloods street gang, Cooks  was wanted for second degree assault by the Birmingham Police Department. While surveilling Cooks’s home, the officer saw a car arrive at the residence and…

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Co-occupant’s consent to search of the defendant’s bedroom was valid

Jose Luis Morales appealed his conviction and 15 year sentence for one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1). He was arrested after Miami Dade Police Officers conducted a search of the home where Morales lived and found a Rossi .38…

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Life sentence for attempting to give ISIS material support upheld

Harlem Suarez appealed was sentenced to life in prison without parole following his conviction for one count of attempting to use a weapon of mass destruction in violation of 18 U.S.C. 2332 and one count of attempting to provide material support to a foreign terrorist organization, ISIS, in violation of…

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