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…
White Collar Criminal Defense Lawyer Blog
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…
Arms Control Export Act conviction upheld with sufficient evidence
Wenxia Man appealed her conviction and sentence for conspiracy to export defense articles without a license in violation of the Arms Control Export Act 22 U.S.C. 2778. The conviction arose from her participation in a series of discussion with Xingsheng Zhang, a Chinese operative, and an undercover agent with the…
No suspicion needed to conduct forensic search of an electronic device at the border
Touset appealed his conviction for three counts of receiving child pornography, transporting and shipping child pornography and possessing a computer and computer storage devise contain child pornography. He was arrested after his arrival on an international flight at the Atlanta Georgia airport, when a Customs and Border Protection agent inspected his luggage and…
Former Serbian prison camp guard convicted of concealing past in his citizenship application
Mitrovic appealed his conviction for unlawful procurement of naturalization in violation of 18 U.S.C. 1425(b) and 8 U.S.C. 1451(e) that arose from charges against him for concealing from immigration authorities his work as a Serbian prison camp guard. When Mitrovic applied for Unites States citizenship, he stated that he had…
Taking a cell phone for merely recording an incident is a Fourth Amendment violation
The issue here is whether a police officer seizing a cell phone from someone recording an incident violates the Fourth Amendment. In this civil rights appeal, the Martin County Sheriff’s Office Deputy Beatty claiming he was entitled to qualified immunity for seizing the plaintiff’s iPhone after from Crocker after he…
Trial court should have allowed defense witness to testify
Knowles appealed her convictions for the use of an unauthorized access devise and for aggravated identity theft in violation of 18 U.S.C. 1029 and 1028. She was arrested following a traffic stop in which the car she was a passenger in was stopped for having illegally tinted windows. The officer…
Warrantless entry and limited search of a home by officers was justified by the exigent circumstances
In this civil rights action Montanez sued the Volusia County Sheriff’s deputies for the warrantless entries into the plaintiff’s house, the deputies appeal the district court’s denial of their summary judgment motions for a dismissal. In their challenge they claim that the brief searches were justified by exigent circumstances. The…
Bribery conviction upheld while last minute defense rejected
Defendant Whitman started a trucking company called United Logistics. To increase business and profits he bribed three employees of the federal Defense Logistics Agency to steer transportation contracts his way. Whitman was convicted of federal crimes including bribery, wire fraud, and obstruction involving government contracts and took this appeal. The…
No suppression of evidence seized during a warrantless search incident to arrest even though the officers violated the knock and announce rule
Defendants Maxi and Bland appealed their convictions for conspiracy to possess with intent to distribute a controlled substance, possession with intent to distribute a controlled substance, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon. Their charges followed their…