:
Updated:
Life sentence imposed for enticing a minor to engage in sexual activity upheld as reasonable
:
Updated:
No violation of the Fourth Amendment by not immediately releasing a suspect after learning of possible exculpatory evidence
:
Updated:
Fisherman’s theft of trade secret conviction overturned for lack of venue but netted on extortion for Grouper sites.
:
Updated:
Georgia real estate lawyer’s conviction and sentence for stealing millions from his law firm is upheld
:
Updated:
Hotel franchise not liable to victims of sex trafficking for conduct that took place at hotels
:
Updated:
Threatening messages sent to family members of victims of Marjory Stoneman Douglas shooting were not protected speech.
:
Updated:
A mother was sentenced to 30 years for producing child pornography and using her own two children as subjects. Worse yet, she sent it to their pedophile father.
:
Updated:
No protection under the Religious Freedom and Restoration Act for protesters who damaged property at a U.S. Naval submarine base.
:
Updated:
A civilian cannot be held liable for a false arrest or excessive force claim for briefly assisted a law enforcement officer with an arrest
:
Updated:
No sentencing guidelines enhancement for arms smuggler who sold to a paramilitary terrorist group in Columbia
:
Updated:
Trial judge dismissed fraud charges against two for lack of evidence but court of appeals saw it differently
:
Updated:
Cheerleaders who kneeled during the national anthem lose free speech lawsuit
:
Updated:
Appeals court upholds lawsuit against Sheriff for detaining the wrong person
:
Updated:
Miami Police officers’ convictions for providing protection to undercover drug dealer is upheld
:
Updated:
Shrimp company owner’s false claims for federal CDSOA subsidy leads to a criminal conviction
:
Updated:
No error in jury instructions for trial of a man who lured a minor online by posing as a female
:
Updated:
Property owner’s lawsuit against Sheriff in Alabama for property loss fails
:
Updated:
Today We Honor Our Veterans
:
Updated:
Lawsuit against a school board police officer for false arrest and involuntary commitment should not have been dismissed
:
Updated:
Conviction and life sentence for sex trafficking a minor and adults upheld as reasonable in light of the evidence
:
Updated:
Alabama officer’s stop of a Florida driver for a violation of Alabama license tag law was valid
:
Updated:
Claim against Sheriff for detaining wrong person in jail for three days was valid
:
Updated:
In this 1983 civil rights lawsuit the court found the police officer acted reasonably under the circumstances
:
Updated:
Fourth Amendment challenge to seizure fails because the defendant was free to leave the police encounter.
:
Updated:
Conviction for crossing state lines to sexually abuse a minor upheld against Fourth Amendment challenge and claim of Government misconduct
:
Updated:
Officer acted reasonably using deadly force against a driver of a vehicle who led police on a chase.
:
Updated:
City of Huntsville’s noise permit was not unconstitutionally applied against anti-abortion protestors.
:
Updated:
Use of a fraudulent Order of Supervision violated a federal criminal statute
:
Updated:
Prior state court sex offense qualified as an enhancement for federal child pornography conviction
:
Updated:
A jury must decide whether a tragic shooting by a Dothan, Alabama, police officer was unconstitutional
:
Updated:
Sex offender’s challenge to Florida’s registration requirement barred by statute of limitations
:
Updated:
Federal 1983 lawsuit for excessive force by using a taser was incorrectly thrown out by the trial court
:
Updated:
Evidence found sufficient to convict defendant of conspiracy to commit healthcare fraud but wrong sentence imposed
:
Updated:
Doctor’s conviction for unlawful distribution of Oxycodone upheld
:
Updated:
Anonymous 911 caller was sufficiently reliable for officers to stop and investigate
:
Updated:
No error to let a Defendant in a Federal criminal trial represent himself if he chooses
:
Updated:
No First Amendment violation for firing a professor for not reporting his blog
:
Updated:
Students’ dismissal of claims against Broward County from Parkland shooting upheld
:
Updated:
Fraudulent payment for an I.R.S. debt was a nexus to obstructing I.R.S. administrative proceedings
:
Updated:
Fourth Amendment violation saved by the inevitable discovery exception
:
Updated:
Prosecution statements not reversible; restrictions against using the internet not a First Amendment violation
:
Updated:
RICO is not a crime of violence for a 924(c) gun possession offense
:
Updated:
Interstate nexus requirement was an element of the offense and not subject matter jurisdiction
:
Updated:
Officers not protected by qualified immunity for pretrial inmate’s death from tasing
:
Updated:
Defendant’s conduct in a foreign country can be used to enhance the sentence
:
Updated:
Reversing the dismissal of inmate’s Eighth Amendment claim for excessive force
:
Updated:
The ten-or-more victim enhancement for use rejected where information only sold not used
:
Updated:
Reaching into a pants pocket to seize a bullet was a constitutional pat down search
:
Updated:
Ignoring a detainee’s need for medical treatment was deliberate indifferent in violation of the Eighth Amendment
:
Updated:
The emergency-aid exception overcame a warrantless home search challenge
:
Updated:
Excessive force claim upheld for injuries sustained from handcuffs
:
Updated:
No illegal seizure following a valid traffic stop
:
Updated:
Defendant had no standing to contest a vacatur of the criminal forfeiture order
:
Updated:
Solicitation of sexually explicit images from a purportedly 13-year-old girl was notice under the criminal statute
:
Updated:
A defendant has no standing to contest a partial vacatur of the criminal forfeiture order
:
Updated:
Investigators were not liable for omitting possibly exonerating information from an arrest affidavit
:
Updated:
Signing another person’s name to defraud constitutes identity theft
:
Updated:
Prison officer’s extortion conviction upheld
:
Updated:
Civil right claim fails for a victim of a prosecutor’s defamatory statements
:
Updated:
Attorney should have asked for a mistrial given a judge’s repeated direction to the jury to continue deliberating
:
Updated:
A Fourth Amendment violation to repeatedly taser an arrested person who is not resisting
:
Updated:
A single conspiracy by the Big Money Team operating in Little Havana
:
Updated:
23-month negligent delay from indictment to arrest was not a Speedy Trial violation
:
Updated:
Defendant changed his mind but about cooperating but it cost him his right to remain silent
:
Updated:
Officer had no probable cause to make an arrest
:
Updated:
Probable cause to arrest means no civil rights violation
:
Updated:
Disciplinary sanctions and Title IX procedure by Valencia College found Constitutional
:
Updated:
Representing a government witness on a pending appeal definitely a conflict of interest
:
Updated:
Defendant’s change of heart cost him his right to silence
:
Updated:
Hiding cash payments from the IRS for luxury car purchases resulted in conviction
:
Updated:
Co-occupant’s consent to search of the defendant’s bedroom was valid
:
Updated:
Life sentence for attempting to give ISIS material support upheld
:
Updated:
Arms Control Export Act conviction upheld with sufficient evidence
:
Updated:
No suspicion needed to conduct forensic search of an electronic device at the border
:
Updated:
Former Serbian prison camp guard convicted of concealing past in his citizenship application
:
Updated:
Taking a cell phone for merely recording an incident is a Fourth Amendment violation
:
Updated:
Trial court should have allowed defense witness to testify
:
Updated:
Warrantless entry and limited search of a home by officers was justified by the exigent circumstances
:
Updated:
Bribery conviction upheld while last minute defense rejected
:
Updated:
No suppression of evidence seized during a warrantless search incident to arrest even though the officers violated the knock and announce rule
:
Updated:
Mortgage fraud conviction upheld despite speedy trial challenge
:
Updated:
Reaching into a pants pocket to seize a bullet exceeded the constitutional pat down search
:
Updated:
A warrantless search of a cell phone is permissible at a border entry
:
Updated:
False arrest claim against Atlanta Police officer denied
:
Updated:
Damage claim for police shooting denied on grounds of qualified immunity
:
Updated:
New trial ordered because judge failed to voir dire about same sex prejudices
:
Updated:
Sentence enhancements upheld for doctoring records after VA patient’s death
:
Updated:
No liability verdict upheld in Police shooting
:
Updated:
New trial ordered in civil rights lawsuit for officer shooting
:
Updated:
Sentence reversed for inaccurate loss amount and denying a minor role
:
Updated:
Double jeopardy challenge rejected for therapists convicted of Medicare fraud
:
Updated:
Case remanded because the judge failed to personally address the Defendant at sentencing
:
Updated:
Conviction for fraudulent investment scheme upheld
:
Updated:
New sentencing for defendant but only for a chance to address the judge
:
Updated:
Search warrant for Facebook account flawed but not enough to overturn a sex-trafficking conviction
:
Updated:
Conviction for selling firearms on the dark web upheld
:
Updated:
Conviction for Miami drug courier upheld
:
Updated:
Terrorist conviction and sentence upheld
:
Updated:
Conviction for possession of a gun by an illegal alien does not require the alien know his status is unlawful
:
Updated:
Jurisdiction to search and prosecute defendants on vessel without nationality authorized
:
Updated:
Evidence was sufficient to prove possession of child pornographic images
:
Updated:
New sentencing hearing ordered for evidence to support identity theft enhancement
:
Updated:
With no evidence Defendant knew he possessed drugs, the conviction is thrown out
:
Updated:
Entering defendant’s home under the ruse of investigating a reported burglary not a Fourth Amendment violation
:
Updated:
Sentence increase for past sexual acts on a minor upheld.
:
Updated:
A jury does not have to unanimously decide the type of sexual activity the defendant attempted to commit on a minor to violate federal statute.
:
Updated:
Defendant’s case reversed to give him a chance to address the judge at sentencing
:
Updated:
Fugitive defendant in Saudi Arabia cannot challenge his kidnapping charge from outside the United States
:
Updated:
An attorney’s seven-minute absence from the trial did not violate the client’s Sixth Amendment.
:
Updated:
FSU professor avoids federal conviction for embezzling from FSU organization
:
Updated:
Tax evasion conviction for failing to report robust cash revenue upheld
:
Updated:
Restitution for the future needs of the victim of child sexual abuse is upheld
:
Updated:
Force used by deputy in arresting Plaintiff was excessive in view of the circumstances of the arrest
:
Updated:
Police officer’s stop of a driver for a partially obscure license plate upheld following fourth amendment challenge
:
Updated:
Convictions for massive federal Medicare fraud upheld
:
Updated:
New sentencing ordered where officer gave false testimony at trial
:
Updated:
No fourth amendment violation where a traffic stop did not exceed the time needed to handle the matter for which the stop was made
:
Updated:
No Double Jeopardy violation for this Pill Mill conspiracy charge
:
Updated:
Sentencing enhancement only requires that the conduct involve sadistic or masochistic conduct regardless who it is directed against
:
Updated:
Sentence in securities fraud case reversed because the government failed to show evidence that thousands of investors relied on the fraudulent information disseminated by the defendant
:
Updated:
Categorical, generic, or modified categorical: It may be confusing but Florida’s burglary of a dwelling offense is not a crime of violence
:
Updated:
No Fourth amendment violation for injuries resulting from the excessive force use of a flashbang
:
Updated:
Limitations upheld in cross examining a cooperating witness about the sentencing guidelines
:
Updated:
Case dismissed for Speedy Trial Act violation but the defendant could still be prosecuted again
:
Updated:
The manner of seizure for a mental health evaluation violated the Plaintiff’s fourth amendment right
:
Updated:
Lawsuit against Douglas County Sheriff not barred by qualified immunity
:
Updated:
Conviction for the failure to file a file Currency Transaction Report upheld.
:
Updated:
No Speedy Trial violation for six day delay even though the court did not make factual findings for the continuance
:
Updated:
Illegal sentence imposed where the court considered the failure to pay full restitution
:
Updated:
Tasing a suspect while in handcuffs was excessive force in violation of the Fourth Amendment
:
Updated:
No Fourth Amendment violation for deputies’ warrantless entry and search and seizure
:
Updated:
Strip search of student found to be unconstitutionally excessive
:
Updated:
Enhanced sentence imposed for sexual encounters with the same minor on separate occasions
:
Updated:
An arrest pursuant to a civil writ of bodily attachment for unpaid child support is equivalent to a warrant under the Fourth Amendment
:
Updated:
Life term of supervised release was not an unreasonable sentence for sex offender
:
Updated:
Sentencing guidelines require a sentencing enhancement for vulnerable victims despite prior case dicta
:
Updated:
Child pornography sentence of 151 months found to procedurally and substantively reasonable
:
Updated:
Federal prosecution must prove it had jurisdiction to charge defendants with drug trafficking on a vessel stopped on the high seas
:
Updated:
Conviction for defrauding the IRS using the identifications of Florida inmates upheld
:
Updated:
Above guidelines sentence for federal supervised release violation reversed for sentencing court’s failure to state reasons
:
Updated:
Deputy sheriff loses qualified immunity protection from false arrest lawsuit
:
Updated:
Nude photos of a minor in her bathroom amount to images of sexually explicit conduct under the child pornography statute
:
Updated:
Defendant has the right to fire a privately retained attorney and ask for a court appointed attorney
:
Updated:
Evidence sufficient to support a tax protester’s conviction for filing false federal tax returns
:
Updated:
Sufficient evidence of forcing victim to work as a prostitute in the United States and in foreign countries
:
Updated:
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
:
Updated:
Sentence of 151 months for possession and distribution of child pornography found to be reasonable
:
Updated:
Jurisdiction to sentence was not affected by the failure to allege the defendant knowingly received counterfeit money orders
:
Updated:
Edmond guilty plea was plain error
:
Updated:
Defendant challenges evidence found on a warrantless search
:
Updated:
Hernandez’s counsel provided ineffective immigration assistance
:
Updated:
Defendant challenges the sufficiency of the indictment
:
Updated:
Court denied motion to dismiss indictment for improper venue
:
Updated:
Defendant’s prior conviction does not qualify as a crime of violence.
:
Updated:
Mandatory minimum sentence for firearm charge upheld on appeal
:
Updated:
Consent by defendant’s wife to the full search of defendant’s computer results in a valid
:
Updated:
Modifying defendant’s probation conditions for expressing his opinion about his probation sentence was constitutionally permissible
:
Updated:
No error in sentencing defendant to jail for a supervised release violation
:
Updated:
Sentencing guidelines enhancement prohibited for trafficking in access device identity theft
:
Updated:
Resentencing after remand from the U.S. Supreme Court was correct
:
Updated:
No error found in mortgage fraud guilty plea
:
Updated:
Speedy trial motion was not timely but defendant overturns his sentence
:
Updated:
Evidence of marriage fraud by three brothers in their bid for citizenship was enough to convict
:
Updated:
What is an instrumentality of a foreign government under the bribery statute? And deliberate ignorance instruction to the jury was error but harmless
:
Updated:
Guilty plea thrown out because the district court participated in plea discussions
:
Updated:
No credit against loss where the guideline sentence is based on intended loss and there is no victim
:
Updated:
No second bite at the apple for crack cocaine defendant originally sentenced with career offender status
:
Updated:
No ineffective assistance because the defendant could not prove he would have pled guilty to the mandatory minimum sentence
:
Updated:
Sentencing judge has no authority to reduce a restitution amount by the value of a forfeiture
:
Updated:
Defendant’s failure to object with specificity results in the court affirming a sentence enhancement for a prior burglary conviction as a crime of violence
:
Updated:
Even though she never handled any drugs, evidence was sufficient to convict the wife of participating in husband’s drug conspiracy
:
Updated:
Money laundering sentence incorrectly enhanced by defendant’s role in the drug conspiracy
:
Updated:
Secretary of State Certification showing that a drug laden vessel found in international waters was stateless does not violate the Confrontation Clause
:
Updated:
Prior felony convictions which enhance a sentence are not elements of an offense that need to be submitted to a jury
:
Updated:
Sentencing enhancement reversed where defendant was not aware of an FTC judgment against him for deceptive practices
:
Updated:
Three separate warrantless searches of defendant’s residences survive Fourth Amendment challenges
:
Updated:
No Fourth Amendment violation by police for placing a warrantless tracking devise prior to the Supreme Court’s prohibition
:
Updated:
Attorney’s failure to comply with deadline was fatal to the sentencing objections
:
Updated:
Prior armed bank robbery was admissible under Rule 404(b) and disruptive Defendant waived his right to be present at trial
:
Updated:
Government not required to show subjective intent to commit harm for a threatening communication conviction
:
Updated:
Prior state court sentence was an aggravated felony but dissent disagreed
:
Updated:
No suggestive identification procedure where the police did not cause prior viewings
:
Updated:
Evidence sufficient to convict defendant of running a fraudulent business but not sufficient to prove more than 10 victims
:
Updated:
Amended Florida drug statute is not an aggravated felony as defined under the Immigration and Nationality Act
:
Updated:
Comments by judge on the consequences of not pleading guilty do not give automatic right to withdraw guilty plea
:
Updated:
Structuring indictment thrown out because each count found insufficient
:
Updated:
No Fourth Amendment violation for defendant searched following encounter with police officer
:
Updated:
Restitution order reversed for procedural error at fraud scheme sentencing
:
Updated:
Jury instruction constructively amended the indictment required reversal
:
Updated:
Downward departure sentences for corrections officers found unreasonably low
:
Updated:
Commercial fisherman’s conviction for disposing of his catch of undersized grouper upheld.
:
Updated:
Government’s failure to prove element of offense results in reversal of illegal firearms deal conviction
:
Updated:
No Confrontation Clause violation to admit translation transcripts of recorded conversations without calling the translator
:
Updated:
Health care fraud conviction reinstated after court of appeals finds the evidence of guilt was sufficient
:
Updated:
Out of court statements by an interpreter who translated for an officer interrogating the defendant are testimonial under Crawford v. Washington
:
Updated:
Lawyer’s failure to notice a deliberating juror had missed a day of trial was not presumed prejudice for ineffective assistance challenge
:
Updated:
Allegations of juror’s misconduct during deliberations fails to win a new trial for Defendant convicted of bribing Alabama Governor
:
Updated:
Loss amount upheld in Medicare fraud appeal but restitution and fine reversed
:
Updated:
Eleventh Circuit orders evidence suppressed resulting from a bad Terry stop
:
Updated:
For purposes of the statute of limitations, a fraudulent marriage for immigration benefits is committed on the date of the marriage
:
Updated:
No statute of limitations violation for a bribery conviction because the crime was completed within the five year period
:
Updated:
Guilty plea could be withdrawn because the Judge commented on consequences the defendant faced if he did not plead guilty
:
Updated:
Prosecution need not show stolen social security numbers belonged to actual living individual for sentencing enhancement
:
Updated:
No Due Process Clause violation for the admission of an in-court identification without a preliminary hearing
:
Updated:
Remand to the sentencing court to determine the drug quantity made at the sentencing
:
Updated:
Government failed to present evidence of number of victims to support a sentencing guideline enhancement
:
Updated:
Defendant’s own admission in his state court aggravated battery conviction helped the court find it was a crime of violence
:
Updated:
Possession of a shotgun qualifies as a crime of violence under the sentencing guidelines
:
Updated:
Sentence increase upheld for possession of a credit card skimmer
:
Updated:
Lower court applied incorrect standard in determining whether there was purposeful discrimination in striking black juror
:
Updated:
A probation sentence for a doctor convicted of Medicare fraud was rejected as too low
:
Updated:
Challenge to the use of a Florida state court prior conviction to enhance sentence fails
:
Updated:
A defendant may be eligible for a safety valve reduction for a drug offense when receiving a 2-point increase for possession of a gun but it will be difficult
:
Updated:
Life sentence enhancement based on juvenile prior does not violate the cruel and unusual clause of the Constitution
:
Updated:
Charges dismissed because the underlying conduct of the indictment was civil in nature
:
Updated:
No double jeopardy problem with mistrial when the defendant refused to continue trial with less than 12 jurors
:
Updated:
Conceding one charged robbery at trial while disputing the second was not ineffective assistance of counsel
:
Updated:
No standing for a defendant challenging the warrantless installation of a GPS tracking device
:
Updated:
Voluntary admissions made following a warrantless entry not subject to exclusion
:
Updated:
Amendment restricting a sentence reduction under revised sentencing guidelines does not violate Ex Post Facto Clause
:
Updated:
Though it seems obvious, the 11th Circuit decided that a conviction for firing a gun in the direction of a helicopter was a crime of violence
:
Updated:
Conviction for misapplying federal funds reversed
:
Updated:
An individual becomes a guidelines “victim” of an unlawful transfer of identification information when the information is used
:
Updated:
Defendent sentenced even after indictment was withdrawn
:
Updated:
By pleading guilty to the indictment charging a prior aggravated felony, the defendant waived any appeal to his objection to the charge
:
Updated:
The crime of intentional flight from a police car is a violent felony under the ACCA enhancement clause
:
Updated:
A sentencing enhancement for a prior battery under Florida law stands despite a Supreme Court decision finding the Florida statute is not a crime of violence, but not without a dissent
:
Updated:
More than just voting rights must be restored for a person to be eligible to possess a firearm under federal law prohibiting possession by felons
:
Updated:
A twenty-five day delay before an agent submitted a search warrant application to a Magistrate Judge to search a computer was not unreasonable in view of the totality of the circumstances
:
Updated:
The district court should have delayed the levy of a restitution lien by the United States on the defendant’s property where a party claims an interest in the property
:
Updated:
The United States has no Constitutional authority to prosecute a drug violation under the Maritime Drug Law Enforcement Act for acts occurring in the territorial waters of another state
:
Updated:
Questioning the defendant during a Terry stop about a matter unrelated to the Terry stop did not violate the Fourth Amendment
:
Updated:
Warrantless search of home for guns upheld after the Defendant arrested outside the house
:
Updated:
An unredacted indictment mistakenly sent to the jury showing the Defendant’s inadmissible prior convictions was harmless error according to the Eleventh Circuit.
:
Updated:
An unredacted indictment showing Defendant’s excluded priors mistakenly sent to the jury was harmless error
:
Updated:
Delay in filing an indictment caused by plea negotiations is not excludable time without a specific court order stating that the ends of justice served by the delay outweigh the best interests of the public and the defendant in a speedy trial
:
Updated:
Tolling of the Statute of Limitations upheld under 18 U.S.C. § 3292, which allows for its suspension while the government makes an official request to a foreign country for evidence the government reasonably believes can be found in the foreign country
:
Updated:
District Court has authority to reduce a sentence under the FSA Amendments to the crack cocaine sentencing guidelines for this pre-FSA sentence
:
Updated:
Court finds a warrantless entry into the home did not taint the subsequent consent to the search the home and discovery of child pornography on defendant’s computer
:
Updated:
The district court’s estimate of drug quantity for a previous delivery was upheld because the decision was based on a reasonable interpretation of the facts
:
Updated:
An upward departure sentence from a range of 78-98 months to 210 months was upheld as a reasonable
:
Updated:
Amendment 750 to the crack cocaine guidelines did not apply to a defendant whose original guidelines sentence was the statutory minimum sentence
:
Updated:
Conviction for inducing a girl under 18 years of age into prostitution does not require proof the defendant knew she was underage
:
Updated:
Reverse sting drug conspiracy conviction upheld but conviction for possession of an obliterated serial number firearm reversed for lack of proof the defendant knew it was obliterated
:
Updated:
Conviction for violating U.S. embargo against selling Communist Chinese made ammunition to the U.S. Army upheld
:
Updated:
Federal courts have jurisdiction over a MARPOL violation on a ship found in a U.S. port flying a foreign flag
:
Updated:
Grouping separately upheld for illegal reentry conviction and possession of a firearm by an illegal alien conviction
:
Updated:
Officer’s conviction for federal crime of depriving persons of the right to be free from unreasonable seizure was upheld
:
Updated:
Defendant’s waiver of right to counsel was valid when he admitted having child porn on his computer; federal child porn statute upheld as Constitutional
:
Updated:
The 11th Circuit disapproved a modified jury instruction on constructive possession but found that overall the jury was not misled
:
Updated:
Unlawful entry into defendant’s home by police did not taint Defendant’s subsequent consent to search his home
:
Updated:
New charges for alien smuggling filed after the Defendant’s acquittal for drug trafficking were not subject to dismissal as vindictive
:
Updated:
Prior Florida conviction for a lewd assault qualified as a crime of violence under the sentencing guidelines enhancement for reentry after deportation
:
Updated:
Florida crime of false imprisonment is a crime of violence under the 18 U.S.C. §924(e) mandatory minimum enhancement
:
Updated:
Aggravated identity theft offense applied to defendant’s use of a dead person’s identity
:
Updated:
Defendant’s prior Georgia conviction for false imprisonment qualified as a crime of violence under the career offender provision of the sentencing guidelines
:
Updated:
The safety valve sentencing reduction does not apply to Title 46 U.S.C. §70503 for trafficking on the high seas
:
Updated:
Income tax evasion convictions should have been grouped together under the sentencing guidelines
:
Updated:
Padilla v. Kentucky is not retroactive for postconviction habeas relief
:
Updated:
Sentencing enhancements for prior conviction upheld in two illegal reentry decisions
:
Updated:
The Florida False Imprisonment conviction did not qualify as a crime of violence under the sentencing guidelines enhancement for reentry after deportation
:
Updated:
Conviction and 320 month sentence for engaging in and recording sexually explicit conduct with minors
:
Updated:
Detention was reasonable when officers learned one of four men had a gun
:
Updated:
Fifth Amendment protects witness subpoenaed to appear before a grand jury to decrypt contents of his computer hard drive
:
Updated:
Mandatory minimum sentence reversed because prior rape convictions did not qualify as violent felonies under the Armed Career Criminal Act.
:
Updated:
Jury did not have to find defendant knew he was in possession of cocaine rather than marijuana in drug trafficking conspiracy charge
:
Updated:
Mail fraud counts dismissed for material variance between the evidence and the indictment
:
Updated:
Sentencing enhancement upheld where defendant induced the Customs and Boarder Patrol to fire on his fleeing vessel
:
Updated:
Third party’s failure to timely petition for adjudication of interest in forfeited property forecloses any opportunity for relief.
:
Updated:
Conviction for illegal reentry was dismissed where the government was collaterally estopped from proving the defendant was alien non-citizen
:
Updated:
Constitutional challenge to child pornography law failed but restitution order to victim vacated for proximate cause hearing
:
Updated:
Doctor’s conviction for dispensing narcotics without a valid medical purpose reversed because autopsy reports of former patients were admitted in violation of the Confrontation Clause
:
Updated:
Use of LimeWire for sharing child pornography could not justify federal sentencing guidelines enhancement.
:
Updated:
No sentence enchancment for using a peer to peer file sharing program for downloading child pornography
:
Updated:
Bartering drugs for firearms will subject a Defendant to a sentence enhancement for possession of a firearm in furtherance of a drug trafficking offense
:
Updated:
No double counting for a sentence enhancment for possession of a gun in connection with a drug crime even though drug charges were dropped.
:
Updated:
Tax fraud conviction vacated because of comments by Magistrate concerning whether the defendant should plead guilty
:
Updated:
Requiring a defendant convicted of a non sex offense to register under SORNA for a pre-SORNA prior sex offense conviction did not violate the Ex Post Facto Clause.
:
Updated:
Federal habeas petition denied for a Florida death penalty defendant who claimed Constitutional violations of at his trial and sentencing.
:
Updated:
An aggravated felony enhancement upheld for a prior conviction of possessing a forged document
:
Updated:
Another Jefferson County Commissioner in the Sewer for Accepting Bribes from an Engineering Firm
:
Updated:
Enhanced sentence for distributing child pornography to a minor reversed because the government failed to prove the person to whom it was sent was in fact a real child
:
Updated:
Florida prisoner denied federal habeas review of death penalty sentence under AEDPA for failure to file habeas petition within the one-year limitations period
:
Updated:
Convictions for providing material support for Terrorist Organizations upheld in the Liberty City Seven case
:
Updated:
Conviction for Smuggling Cuban baseball players into the U.S. upheld but convictions for transporting and harboring players reversed for insufficient evidence
:
Updated:
Defendants’ conviction for possessing guns in connection with a robbery attempt upheld though new sentencing ordered for one defendant who did not allocute
:
Updated:
An aggravated identity theft conviction upheld on circumstantial evidence the defendant knew the false identity belonged to a real person
:
Updated:
In deciding that an alien’s conviction for false imprisonment was a crime involving moral turpitude, the Immigration Judge erred by considering evidence that was extraneous to the record of his conviction.
:
Updated:
The Court vacated the Rojas decision and voted to hear it en banc
:
Updated:
A defendant whose sentence was illegally enhanced for a prior conviction cannot challenge the sentence in a 2255 motion to vacate because he failed to challenge the enhancement in a direct appeal from his sentence
:
Updated:
Jose Padilla’s sentence too lenient according to court of appeals, which also upheld all terrorist conspiracy convictions
:
Updated:
The prosecution did not have to prove patient’s death was foreseeable to physician for unlawfully dispensing controlled substance drugs to patient
:
Updated:
The Court of Appeals enforced a defendant’s appeal waiver despite the government’s change in position regarding enforcement of the waiver
:
Updated:
Court of Appeals reversed sanctions against the government for bad faith prosecution under the Hyde Amendment and set aside public reprimands against prosecutors
:
Updated:
The Court of Appeals upheld a trial court’s decision not to sever the defendant’s joint trial with co-defendants accused of slaying a drug dealer and his family
:
Updated:
A Federal sentencing court’s limitation on the issues that can be raised at a resentencing was affirmed
:
Updated:
Court of appeals vacated a criminal restitution judgment and ordered a new hearing because the government failed to link false documentation to mortgage fraud loss
:
Updated:
The Eleventh Circuit upheld a federal bribery conviction for an Alabama County Commissioner who gave county business to an investment firm in return for cash, jewelry, and expensive clothes
:
Updated:
Florida A & M student’s conviction and sentence for hacking into the school’s computer system to make grade changes was upheld
:
Updated:
A pro se defendant who did not understand he had the right to testify in a narrative form is entitled to a new trial
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Updated:
Fine and forfeiture of Atlanta jewelry store’s entire inventory following money laundering and reporting conviction was not unconstitutional in U.S. v. Chaplin
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Conviction for fraudulent billing Florida and California Medicaid programs for recycled blood-derivative medication was upheld in U.S. v. Bradley
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Conviction of defendants in massive Atlanta area mortgage fraud upheld by Eleventh Circuit; U.S. v. Hill
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Substantial compliance is required for a sentence enhancement under 21 U.S.C. section 851(b)
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Curtailing cross examination of a prosecution’s star witness in an Escambia County corruption case was not a violation of the Sixth Amendment
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When the prosecutor said “he” did he mean the Defendant or the blood of his victim?
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Four Rothstein associates charged in Miami with conspiracy in connection with Ponzi scheme
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Federal Appellate Court in Atlanta returns defendant back to jail for remainder of 24 year sentence
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Court reversed Federal Conviction in Florida for attempting to help dispose of drug money; U.S. v. Friske
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Muslim Imam in Miami arrested for giving financial aid to Pakistan Taliban.
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Federal sentence reduced for Florida father who fled the country with kidnapped son; U.S. v. Martikainen
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Miami lawyer faces arrest for failure to show up for his client’s trial
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How the ordinary mortgage borrower became a criminal
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Bankruptcy Trustee pleads guilty in Miami Federal Court to removing funds for personal use.
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Court upheld Miami Federal Cyber Crime Conviction; U.S. v. Lanzon
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Medicare Firm pleads guilty in Miami Federal Court to one of the nation’s largest Medicare Frauds
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Three more indicted in a South Florida Federal Court for mortgage fraud scheme
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Evidence of fraud sufficient to convict; Ex Post Facto violation applies to sentencing guidelines; U.S. v. Wetherald
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Evidence was sufficient to support a mail fraud conviction but cross examination was improper; United States v. Schmitz
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Statute making it a crime to operate a submersible vessel in international waters without nationality is constitutional; U.S. v. Ibarguen-Mosquera
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Statute prohibiting child pornography production held constitutional under First Amendment; United States v. Dean
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Evidence of federal criminal fraud sufficient; United States v. Naranjo
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Miranda warning decision reversed; United States v. Powell
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Federal judge not biased against Medicare fraud Defendant; United States v. Alicia Rodriguez
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Money may be awarded to an adult that appeared in child pornographic image; United States v. McDaniel
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Verdict and 30 years sentence in Medicare fraud trial upheld; United States v. Mateos
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Entering the United States following deportation was not barred by the statute of limitations; United States v. Garcia
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Conviction for false statements and money laundering upheld; United States v. Frazier,
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Confession to police by a 19 year old thrown out; United States v. Lall
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A single conspiracy to commit bribery and kickbacks among the multiple defendants; United States v. Huff
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Free Speech does not protect an internet conversation involving an attempt to sexually molest a minor; United States v. Farley
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Border search of a crewmember’s living quarters upheld; United States v. Alfaro-Moncada
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Federal sentencing guidelines enhancement for abuse of trust was reversed; United States v. Ghertler
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