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Criminal Law

Defense Newsletter Blog

Breaking news supplementing the Defense Newsletter covering 11th Circuit and Supreme Court Cases.
By Tim Cone

Post Frequency: 9.1/day

Last Entry: October 27, 2020 at 13:19:00

Rozier: Felon in Possession Crime is Constitutional

Posted on March 10, 2010
In U.S. v. Rozier, No. 08-17061 (March 4, 2010), the Court rejected the argument that 18 U.S.C. § 922(g)(1), which criminalizes a felon?s possession of a firearm, is unconstitutional in light of the right to bear arms recognized in District of Columbia v...

Bacon: Individually Attributable Quantities Only Trigger Mandatory Minimum

Posted on March 09, 2010
In U.S. v. Bacon, No. 08-10463 (March 4, 2010), the Court affirmed multi-defendant drug trafficking convictions, but vacated one sentence.The Court rejected sufficiency of the evidence challenges, noting that the jury could rely on a defendant?s presence at a drug exchange as probative evidence...

Dodge: Transfer of sex materials to minor qualifies for sex offender registration

Posted on March 08, 2010
In U.S. v. Dodge, No. 08-10802 (March 5, 2010) (en banc), the Court held that a conviction for transferring obscene material to a minor in violation of 18 U.S.C. § 1470 qualifies as a ?specified offense against a minor? and therefore subjects a sex offender to SORNA registration requirements...

DuBose: Protective Order Sufficed to Establish 922(g)(8) violation

Posted on March 02, 2010
In U.S. v. DuBose, No. 09-11400 (March 1, 2010), the Court affirmed a defendant?s conviction for possessing a firearm while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8).The Court rejected the argument that DuBose?s protective order did not meet the statute?s requirement that it involve preventing the use of physical force...

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Whitson: Non-overt act conspiracy not "crime of violence"

Posted on February 26, 2010
In U.S. v. Whitson, No. 09-10521 (Feb. 24, 2010), applying Begay v. U.S., the Court held that a prior conviction for a non-overt act conspiracy was not a ?crime of violence? for purposes of Career Offender eligibility under USSG § 4B1.1The Court noted that the South Carolina conspiracy statute under which Whitson was previously convicted does not require an overt act...

Phillips: Rule 35(a) deadline applies to 3582(c)(2) resentencings

Posted on February 24, 2010
In U.S. v. Phillips, No. 08-17248 (Feb. 23, 2010), the Court held that the seven-day deadline for correction of sentence under Fed. R. Crim. P. 35(a) [now 14-days, as of Dec. 1, 2009] applies to sentences imposed in response to a motion to reduce sentence under 18 U...

Duran: Suitcase Scandal Foreign Agent Conviction Affirmed

Posted on February 17, 2010
In United States v. Duran, No. 09-11446 (Feb. 16, 2010), the Court affirmed the convictions of a Venezuelan citizen for acting as an agent of a foreign organization, without prior notification of the Attorney General, in violation of 18 U.S.C. §§ 371 and 951...

Arnold: Granting Habeas Relief based on Brady violation

Posted on February 09, 2010
In Arnold v. Sec. Dep?t of Corrections, No. 09-11911 (Feb. 8, 2010), the Court adopted the opinion of the district court in the Middle District of Florida granting habeas relief to a Florida inmate who alleged a Brady violation based on undisclosed criminal activity by the police officer who was a primary investigator in his own case...

Patterson: Intended Loss Measured by Defendant's "Ambition"

Posted on February 09, 2010
In U.S. v. Patterson, No. 09-13354 (Feb. 8, 2010), the Court found no plain error in a calculation of ?loss? for sentencing enhancement purposes under the Guidelines that resulted in dollar amount twice as large as the amount of restitution.The Court noted that ?loss? encompasses ?actual loss,? or ?intended loss,? whichever is greater...

Lott: Habeas Petitioner Not Entitled to COA

Posted on January 29, 2010
In Lott v. Florida Attorney General, No. 09-14196 (Jan. 25, 2010), the Court held that a habeas petitioner had not made a substantial showing of the denial of a constitutional right, and therefore was not entitled to a certificate of appealability from the denial of a habeas petition...

Arnaiz: Habeas Not a Vehicle For Challenging Restitution

Posted on January 29, 2010
In Arnaiz v. Warden, No. 07-12649 (Jan. 26, 2010), the Court held that the writ of habeas corpus under 28 U.S.C. § 2241 does not encompass claims that challenge the restitution portion of a judgment of conviction. The Court reasoned that habeas is about release from custody...

Caraballo: Biographical Information In I-213 Immigration Forms Do Not Violate Confrontation Clause

Posted on January 28, 2010
In U.S. v. Caraballo, No. 09-10428 (Jan. 27, 2010), the Court affirmed alien smuggling convictions.The Court found probable cause for the defendant?s arrest, and affirmed denial of the motion to suppress: Law enforcement observed a fishing boat displaying inconsistent types of fishing rods; two persons aboard were nervously scanning the shoreline; once at the boat ramp the persons were moving as quickly as possible to load the boat onto a truck; they gave inconsistent answers to questions; and they appeared ?very nervous...

Thompson: 2254 Petition Timely

Posted on January 28, 2010
In Thompson v. Sec. Dep?t of Corrections, No. 08-10540 (Jan. 27, 2010), the Court held that a § 2254 habeas petition was timely filed, and reversed the dismissal of the petition.The timeliness of Thompson?s federal habeas petition turned on whether his prior ?habeas? filings in Florida State courts were ?properly filed? for the purpose of tolling the one-year statute of limitations of AEDPA...

Bernal: No Improper Prosecution Bolstering

Posted on January 26, 2010
In U.S. v. Bernal-Benitez, the Court affirmed the convictions and sentences of defendants convicted of attempted cocaine-trafficking.The Court rejected the argument that the evidence was insufficient because the government failed to establish that the cocaine ?was actually cocaine,? noting that the government only had to prove that Bernal intended to obtain cocaine...

Marquez: Extradition Arguments Not Raised Pre-Trial Are Waived

Posted on January 26, 2010
In U.S. v. Marquez, No. 08-12588 (Jan. 22, 2010), the Court affirmed the conviction of a defendant convicted of a RICO conspiracy in violation of 18 U.S.C. § 1962(c).Marquez argued his extradition to the United States violated the ?rule of specialty? and the ?rule of dual criminality...

Reed: Not Ineffective To Agree Not to Put On Evidence

Posted on January 14, 2010
In Reed v. Sec. Dep?t of Corrections, No. 09-10059 (Jan. 11, 2010), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1986 murder.The Court rejected the argument that counsel was ineffective at the penalty phase when he agreed with the prosecutor not to put on any mitigating evidence in exchange for the prosecutor?s agreement not to present aggravating evidence...

Ward: Bailiff-Juror Communication Requires New Penalty Phase Hearing

Posted on January 13, 2010
In Ward v. Hall, No. 07-11360 (Jan. 4, 2010), the Court granted habeas relief to a Georgia death-row inmate based on improper bailiff-jury communications during the penalty phase.During jury deliberations in the penalty phase, the jurors were having difficulty imposing the death penalty, and three jurors asked the bailiff whether life without parole was an option...

Boyd: New mitigating evidence would not have changed outcome

Posted on January 13, 2010
In Boyd v. Allen, No. 07-14098 (Jan. 8, 2010), the Court (2-1) (Barkett, J., dissenting) reversed a grant of habeas relief to an Alabama inmate sentenced to death for two 1986 murders. The Court recognized that the inmate?s trial counsel were ineffective for failing at the penalty phase to present mitigating evidence based on Boyd?s troubled childhood...

White: Firearm Possession Prohibition on Domestic Violence Convicts Valid post-Heller

Posted on January 11, 2010
In U.S. v. White, No. 08-16010 (Jan. 11, 2010), the Court affirmed a conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence.The Court rejected the argument that one police officer?s recollection that he smelled marijuana was not credible, because the other arresting officer did not recall a smell of marijuana...

Lopez: "Help" Instruction ok in Alien Smuggling case

Posted on December 23, 2009
In U.S. v. Lopez, No. 08-13605 (Dec. 22, 2009) (2-1) (Barkett, J., dissenting in part), the Court affirmed convictions for encouraging or inducing aliens to enter the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I ) and § 1324(a)(1)(A)(iv)...

Randolph: Juror Death Views Justified Dismissal

Posted on December 23, 2009
In Randolph v. McNeil, No. 08-12854 (Dec. 23, 2009), the Court affirmed the denial of habeas relief to a Florida death row inmate, seeing no reversible error in the District Court?s 160-page order. The Court rejected Randolph?s ineffective of assistance of counsel claim, agreeing that there was no reasonable probability that, but for his lawyer?s lack of investigation into his history would have changed the outcome...

Banjoko: Stow away offense does not require intent to enter U.S.

Posted on December 23, 2009
In U.S. v. Banjoko, No. 09-11402 (Dec. 23, 2009), the Court held that 18 U.S.C. §2199, which criminalizes stowing away on a vessel that enters the United States, does not require proof of the defendant?s intent to enter the United States. The statute requires only proof of intent to ?obtain transportation? from a vessel without consent...

Langston: 666 convictions reversed, and affirmed.

Posted on December 22, 2009
In U.S. v. Langston, No. 08-16356 (Dec. 22, 2009), the Court reversed some convictions but affirmed others for a former Executive Director of the Alabama Fire College convicted of embezzlement.The Court found that, for some counts, Langston was not an agent of the State of Alabama, but instead an agent of the Alabama Fire College...

White: Right to Venue Waived

Posted on December 21, 2009
In U.S. v. White, No. 08-10702 (Dec. 21, 2009), the Court held that the defendant waived any constitutional objection to the district court?s sua sponte decision to change the venue of the case from the Southern District of Alabama to the Middle District of Alabama, when he waited until after he was convicted to object to venue...

English: ACA supervised release revocation may exceed State maximum

Posted on December 17, 2009
In U.S. v. English, No. 09-12788 (Dec. 16, 2009), the Court held that a defendant who was convicted under the Assimilative Crimes Act (ACA), and who has served the state statutory maximum term of imprisonment, may be sentenced to further incarceration upon revocation of supervised release...

Griffey: Federal govt need not give SORNA notice

Posted on December 16, 2009
In U.S. v. Griffey, No. 09-11696 (Dec. 15, 2009), the Court affirmed a defendant?s conviction for failure to register as a sex offender, as required by the Sex Offender Registration and Notification Act (SORNA).Citing U.S. v. Brown, the Court rejected claims that SORNA did not apply to Griffey because Alabama had not implemented this statute at the time he failed to register as a sex offender...

Cummings: No Ineffective Assistance Where Defendant Wanted No Mitigation Presented

Posted on December 07, 2009
In Cummings v. Sec. Dep?t of Corrections, No. 09-12416 (Dec. 4, 2009), the Court reversed a grant of federal habeas corpus to a Florida inmate sentenced to death for the 1991 murder of his girlfriend. The Court concluded that counsel was not ineffective for investigate and present more mitigation evidence at the sentencing phase...

Hunter: Mental Retardation Tolls AEDPA deadline

Posted on November 20, 2009
In Hunter v. Ferrell, No. 08-16597 (Nov. 18, 2009), the Court held that despite the fact that an Alabama inmate missed the deadline for filing a federal habeas petition by eight years, because of his mental retardation he was entitled to an evidentiary hearing on whether the filing deadline should be equitably tolled on account of his retardation...

Hammond: Death penalty affirmed for Georgia inmate

Posted on November 09, 2009
In Hammond v. Hall, No. 08-11109 (Nov. 4, 2009) (Carnes, Marcus, Pryor), the Court affirmed the denial of habeas relief to a Georgia inmate sentenced to death for a 1988 murder.The Court rejected Hammond?s Brady claim that the State suppressed its suspicions that the female accomplice who testified for the State against Hammond at trial had been his accomplice in prior assaults...

Brown: SORNA provides adequate registration requirement notice

Posted on November 05, 2009
In U.S. v. Brown, No. 08-17244 (Nov. 5, 2009), the Court affirmed a conviction for failure to register as a sex offender, as required by the Sex Offender Registration and Notification Act (SORNA), and the imposition of a sentence that included a life term of supervised release...

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