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.…
White Collar Criminal Defense Lawyer Blog
Nude photos of a minor in her bathroom amount to images of sexually explicit conduct under the child pornography statute
In United States v Holmes the defendant appealed his conviction for production of child pornography and possession of child pornography in violation of 18 U.S.C. 2251(a) and 2252(a) (4)(B). Holmes was charged with surreptitiously videotaping his teenage stepdaughter performing her daily bathroom routine over a period of approximately five months…
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…
Evidence sufficient to support a tax protester’s conviction for filing false federal tax returns
In United States v. Croteau, the defendant challenged the sufficiency of the evidence for his ten-count criminal conviction in federal court for making false and fictitious claims on this tax returns and for the reasonableness of his 56 month federal sentence. Croteau was a tax protester who filed false returns…
Sufficient evidence of forcing victim to work as a prostitute in the United States and in foreign countries
In US v. Damion St. Patrick Baston (“Baston”), the Defendant worked as a pimp and forced various women to work as prostitutes in Florida and around the world while keeping the money they earned As a result he was indicted for violating 18 U.S.C. 1593 and charged in Miami federal…
Search for child pornography on home computer upheld after wife gave valid consent to the search even though the husband later refused to give consent
In USA v. Thomas the Defendant was convicted of knowingly accessing with intent to view child pornography in violation of 18 U.S.C. 2252(a)(4)(B). Prior to his federal court trial he filed a motion to suppress the incriminating images of child pornography that were seized from his desktop computer at his…
Sentence of 151 months for possession and distribution of child pornography found to be reasonable
In U.S. v Cubero the Defendant appealed from his 151 month federal sentence and life-term of supervised release. He was sentenced in federal court after pleading guilty to one count of distribution of child pornography and two count of possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B). For…
Jurisdiction to sentence was not affected by the failure to allege the defendant knowingly received counterfeit money orders
In U.S. v. Brown the Defendant pleaded guilty in federal court for knowingly receiving 481 counterfeit United States Postal Money Orders from a foreign county with intent to pass them off as real, violation of 18 U.S.C. § 473. As part of her plea agreement she waived her right to…
Edmond guilty plea was plain error
In U.S. v. Edmond, Defendant was indicted for conspiracy to commit access-device fraud and aggravated identity theft based upon his use of social security numbers to make fraudulent bank transfers. Pursuant to a plea agreement, he pleaded guilty to possession of fifteen or more unauthorized access devices – an unindicted…
Defendant challenges evidence found on a warrantless search
In U.S. v. Hollis, the court of appeals is required to decide whether the subject of an arrest warrant may challenge the use of evidence found in plain view during a protective sweep in a third party’s residence. In February 2011, Officers were searching for Hollis based on an outstanding…