In U.S. v. Garza-Mendez, the defendant pleaded guilty to the federal crime of reentry after deportation by an aggravated felon in violation of 8 U.S.C. §1326(a). His deportation resulted from a prior conviction under a Georgia-family-violence-battery statute for striking his girlfriend. In that case, he was sentenced to confinement to…
White Collar Criminal Defense Lawyer Blog
No suggestive identification procedure where the police did not cause prior viewings
In U.S. v. Elliot, the defendant was convicted of the federal crime of robbery and brandishing a firearm during and in relation to a crime of violence. The district court in Alabama imposed a life sentence after determining that two of his prior felony convictions qualified him for a career…
Evidence sufficient to convict defendant of running a fraudulent business but not sufficient to prove more than 10 victims
The defendant in U.S. v. Rodriguez was convicted and sentenced to 120 months for conspiracy to commit the crime of federal wire fraud. He raised two issues on appeal. First he argued the evidence was not sufficient to support the conviction. The evidence at trial showed that from 2003 through…
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…
Comments by judge on the consequences of not pleading guilty do not give automatic right to withdraw guilty plea
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…
Structuring indictment thrown out because each count found insufficient
In U.S. v. Lang the defendant was indicted on 85 counts of violating 18 U.S.C. § 5324 which makes it a crime to structure cash transactions for the purpose of evading the requirement that a financial institution file a report with the Department of Treasury of a cash transaction by…
No Fourth Amendment violation for defendant searched following encounter with police officer
In U.S. v. Williams, the defendant was convicted in federal court of possession of a firearm by a convicted felon in violation of 18 U.S.C.§ 922(g), possession of crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime. On appeal he challenged the introduction of evidence…
Restitution order reversed for procedural error at fraud scheme sentencing
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…
Jury instruction constructively amended the indictment required reversal
In U.S. v. Madden the defendant was indicted and charged with a drug conspiracy. One of the counts charged the defendant with knowingly using and carrying a firearm during and in relation to a crime of violence and with knowingly possessing a firearm in furtherance of a drug trafficking crime.…
Downward departure sentences for corrections officers found unreasonably low
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…