In U.S. v. Yates the defendant and his crew were on a commercial fishing trip into the Gulf of Mexico when he was stopped by a federally deputized Florida Fish and Wildlife officer on patrol for fishery violations and compliance. After boarding the defendant’s boat, he noticed red grouper that…
The defendant in U.S. v Fries was convicted of transferring a firearm to an out-of-state resident which is a violation of federal criminal laws when neither the seller nor the buyer was a licensed firearms dealer. 18 U.S.C. 922(a)(5) make a crime for a seller to sell a weapon to…
In U.S. v. Curbelo, the defendant was convicted following a trial of conspiracy to manufacture and possess marijuana with intent to distribute in connection with his involvement with an indoor marijuana growing operation in Naples, Florida. He was specifically charged with conspiracy to manufacture and possess with intent to distribute…
From the 11th judicial circuit in Miami, Florida, in U.S. v. Vernon, the defendants were convicted of health care fraud following a trial. The charges involved dispensing factor medication, a blood clotting medication used to treat hemophilia. Defendant Vernon ran a specialty pharmacy that dispensed prescriptions for factor medication, an…
In U.S. v. Charles the Eleventh Circuit found that the out-of-court statements by an interpreter to a Custom’s officer interrogating the defendant were testimonial and their admission was in violation of Sixth Amendment right to confront the interpreter as required by the Supreme Court’s decision in Crawford v. Washington. The…
In Castillo v. State of Florida, the defendant filed a collateral challenge to her Florida state court conviction of attempted robbery that took place on Miami Beach. Castillo claimed she received ineffective assistance of counsel and was deprived of her Sixth Amendment right to counsel. In this three-day trial, one…
In U.S. v. Scrushy, the Defendant and his codefendant Siegelman, the former Governor of Alabama, were found guilty following a trial of federal criminal crime of bribery and for the honest services mail fraud statute, 18 U.S.C. 1341 and 1346. The bribery conviction arose from allegations that Scrushy gave $500,000…
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. Valerio the defendant became the target of a federal drug investigation when he was spotted at a hydroponic gardening equipment store by DEA agents acting suspiciously. After the defendant drove away, the agent followed the defendant’s truck and concluded he was acting nervous about being followed. Two…
In U.S. v. Rojas, the defendant and his wife were indicted and convicted of marriage fraud, in violations of 8 U.S.C. § 1325(c). On this appeal, Rojas challenged his conviction arguing that the indictment fell outside the five-year statute of limitations. Specifically, he argued that statute of limitations for his…