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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

Harris: Fleeing Police at High Speed is "Crime of Violence"

Posted on November 03, 2009
In U.S. v. Harris, No. 08-15909 (Nov. 3, 2009), the Court affirmed reliance on a prior Florida state conviction for eluding a police officer at a high rate of speed as a ?crime of violence? for Guidelines criminal history sentence enhancement purposes...

Sanchez: Errors in 3559 sentence enhancements

Posted on November 03, 2009
In U.S. v. Sanchez, No. 06-15143 (Oct. 30, 2009), the Court affirmed convictions of several defendants relating to the attempted burglary of a marijuana grow-house.The Court rejected defense challenges to the admission of cell phone records, finding them to be reliable business records...

Tate: 946-month sentence affirmed for bank robber

Posted on November 02, 2009
In U.S. v. Tate, No. 09-10288 (Oct. 30, 2009), the Court affirmed a defendant?s convictions for multiple bank robberies and firearm-possessions.The Court rejected Tate?s challenge to the warrantless search of his home. The Court pointed out that probable cause suffices to justify search of a home when one would expect the defendant to have hidden stolen materials at his home...

Maples: No Excuse for Procedural Default

Posted on October 27, 2009
In Maples v. Allen, No. 07-15187 (Oct. 26, 2009), the Court affirmed the denial of habeas relief to an Alabama death-row inmate.After his murder conviction and death sentence were affirmed on direct appeal in the Alabama courts, Maples, represented by counsel, filed for collateral relief in Alabama state court...

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Velez: Criminal Defense attorney transactions exempt

Posted on October 27, 2009
In U.S. v. Velez, No. 09-10199 (Oct. 26, 2009), the Court affirmed the district court?s dismissal of a money-laundering count in a prosecution against a criminal defense lawyer, in which the government charged that the lawyer approved of the transfer of funds for a drug dealer?s defense knowing that they were derived from criminal activity...

Lee: "Walkaway" offense not "violent felony" under ACCA

Posted on October 27, 2009
In U.S. v. Lee, No. 08-14724 (Oct. 26, 2009), the Court, citing Chambers v. U.S., 129 S.Ct. 687 (U.S. 2009), held that a prior "walkaway" escape conviction is not a "violent felony" and therefore vacated the defendant?s 15-year mandatory minimum sentence under the Armed Career Criminal Act...

Quintina: Ethnicity not basis for police encounter

Posted on October 23, 2009
In U.S. v. Quintana, No. 08-12967 (Oct. 22, 2009), the Court rejected a defendant?s claim that his right to Equal Protection was violated when the police initiated a consensual encounter with him ? an encounter which ultimately led to a conviction for illegal re-entry in violation of 8 U...

Chavez: Simultaneous Bench and Jury Trials Ok

Posted on October 16, 2009
In U.S. v. Chavez, No. 08-12638 (Oct. 16, 2009), the Court affirmed drug trafficking convictions and sentences.Several defendants were indicted in the case. One pled not guilty. Four pled guilty but reserved the right to have a bench trial requiring proof beyond a reasonable doubt as to the drug quantities...

Martinez: Orchestrator not automatically organizer

Posted on October 05, 2009
In U.S. v. Martinez, No. 08-13846 (Oct. 5, 2009) (Marcus, Hill & Voorhees, b.d.), the Court reversed an "organizer or leader" sentence enhancement, under USSG � 3B1.1(a), that had been imposed on a defendant convicted of marijuana trafficking.At his plea colloquy, Martinez admitted that he "orchestrated" weekly shipments of mail parcels containing marijuana from Texas to various locations in the Middle District of Florida...

Faris: Proposed Guideline Amendment does not affect binding Circuit precedent

Posted on September 23, 2009
In U.S. v. Faris, No. 08-16336 (Sept. 23, 2009), the Court upheld the conviction and sentence of a defendant convicted of possession of child pornography, and enticing a minor to engage in sexual activity.The Court rejected Faris? argument that his prosecution violated the Commerce Clause...

Rhode: No ineffective investigation of mitigation

Posted on September 21, 2009
In Rhode v. Hall, No. 08-16960 (Sept. 17, 2009), the Court affirmed the denial of habeas relief to a Georgia inmate sentenced to death for three 1998 murders.The Court rejected all of Rhode?s ineffective assistance of counsel claims. The Court found that counsel adequately investigated mitigation evidence, having, inter alia, traveled out of state to interview ten possible mitigation witnesses...

Segarra: 924(c) means consecutive sentences in all cases

Posted on September 16, 2009
In U.S. v. Segarra, No. 08-17181 (Sept. 15, 2009), the Court, joining the majority of Circuits to have addressed this question of statutory interpretation, held that 18 U.S.C. � 924(c) mandates a consecutive sentence for firearm possession offense in furtherance of a drug trafficking crime, even when the statutory mandatory minimum for the drug trafficking crime exceeds the mandatory minimum for the firearms offense...

Jordan: Rejecting Government Cross-Appeal of Probation Sentence

Posted on September 11, 2009
In U.S. v. Jordan, No. 06-12563 (Sept. 11, 2009), the Court affirmed convictions and sentences arising out of an Alabama Sheriff?s unlawful use of the National Crime Information Center database to obtain the criminal records of those who voted in a Sheriff?s reelection race (which the Sheriff lost)...

Garcia-Bercovich: Shrink wrapped boxes part of same package

Posted on September 10, 2009
In U.S. v. Garcia-Bercovich, No. 08-12061 (Sept. 10, 2009), the Court affirmed convictions for marijuana trafficking.The Court rejected the defendant?s challenge to the sufficiency of the evidence. Garcia-Bercovich traveled across the United States to pick up packages for an individual he barely knew...

Johnson: State Probation does not Suspend Federal Supervised Release

Posted on September 03, 2009
In U.S. v. Johnson, No. 09-10351 (Sept. 2, 2009), the Court held that time spent serving a State sentence on probation, while under a federal sentence of supervised release, does toll the running of the period of supervised release. The fact that the State sentence of imprisonment was suspended so that Johnson could serve it on probation did not affect the tolling analysis...

McIntosh: Second Indictment must be dismissed after guilty plea to first indictment

Posted on August 28, 2009
In U.S. v. McIntosh, No. 08-15549 (Aug. 27, 2009), the Court held that Double Jeopardy barred the government from indicting a defendant for a second time, after the defendant pled guilty to a first indictment charging the same offenses, but on different (erroneous) dates...

Felts: No Plain Error in not instructing jury in the conjunctive

Posted on August 24, 2009
In U.S. v. Felts, No. 08-11450 (Aug. 21, 2009), the Court held that there was no plain error in a money laundering jury instruction.The money laundering statute at issue made it unlawful to transport funds either to promote specified unlawful activity, or to conceal the nature of the proceeds of the specified unlawful activity...

Maxwell: Convictions for MIA Contract Fraud Affirmed

Posted on August 19, 2009
In U.S. v. Maxwell, No. 07-11301 (Aug. 19, 2009), the Court affirmed convictions and sentences arising out of a fraudulent scheme to obtain construction contracts for work at Miami International Airport set aside for socially and economically disadvantaged companies...

Bonilla: Double Jeopardy Violation in Identity Theft Charges

Posted on August 18, 2009
In U.S. v. Bonilla, No. 08-112127 (Aug. 18, 2009), the Court ? on plain error review after a guilty plea ? reversed identify theft convictions, because the indictment was multiplicitous and violative of Double Jeopardy.The defendant was convicted under both 18 U...

Kaley: Defendants entitled to hearing on seizure of assets pretrial

Posted on August 18, 2009
In U.S. v. Kaley, No. 07-13010 (Aug. 18, 2009), the Court held that the district court should have held an evidentiary hearing to determine whether to lift an injunction preventing the defendants from encumbering their home in order to raise money to pay for defense counsel...

Ponce: Georgia Commercial Vehicle Inspection Is Valid

Posted on August 17, 2009
In U.S. v. Ponce-Aldona, No. 08-13144 (Aug. 12, 2009), the Court rejected a Fourth Amendment challenge to a "safety checkpoint" stop of the defendant?s truck.Georgia police set up a safety checkpoint at an exit to I-85 northbound, to pull over commercial vehicles for inspection...

Windom: Counsel not ineffective in death penalty phase

Posted on August 11, 2009
In Windom v. Sec. Dep?t of Corrections, No. 07-15876 (Aug. 10, 2009), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for three murders in 1992.The Court found that even assuming Windom?s counsel?s limited investigation into Wiondom?s background and mental health constituted deficient performance, Windom was not prejudiced thereby...

Bobb: No Double Jeopardy Violation on Receiving and Posssing Child Porn

Posted on August 06, 2009
In U.S. v. Bobb, No. 07-13252 (Aug. 6, 2009), the Court rejected a Double Jeopardy challenge to convictions for receiving and possessing child pornography.The Court agreed with Bobb that in the abstract it could violate Double Jeopardy to prosecute a defendant for both "receiving" and "possessing" child pornography, because this would be multiple punishment for the same offense...

Philmore: Right to Counsel did not yet attach

Posted on July 24, 2009
In Philmore v. McNeil, No. 07-13637 (July 23, 2009), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1997 murder.The Court rejected Philmore?s ineffective assistance of counsel claim. Philmore argued that his defense counsel in a bank robbery case was ineffective in allowingd him to speak to law enforcement...

Carroll: Atkins does not compel post-conviction hearing

Posted on July 23, 2009
In Carroll v. Sec. DOC, No. 08-14317 (July 17, 2009), the Court found no constitutional violation in a Florida state court?s denial of an evidentiary hearing, in post-conviction hearings, to a death row inmate who claimed his mental retardation exempted him from the death penalty...

Dasher: A piece of foolish advice

Posted on July 13, 2009
In Dasher v. Witt, No. 08-10363 (11th Cir. July 13, 2009), the Court granted habeas relief based on ineffective assistance of counselDasher decided to reject a plea offer to be sentenced to 13 months, and opted to plead guilty to cocaine trafficking charges "straight up," that is, without any agreement, based on his attorney?s advice that he doubted the sentence would exceed 13 months, and might be less...

Land: Prosecutor Speculation in Closing Argument Error, but Not Reversible Error

Posted on July 10, 2009
In Land v. Allen, No. 08-15254 (July 10, 2009), the Court affirmed the denial of habeas relief to an Alabama inmate sentenced to death for murder.The Court held that despite evidence that a statement was taken from Land by Alabama police while he was in a semi-fetal position, with his hands covering his face, the totality of the circumstances did not indicate that his statement was involuntary...

Goings: Ok for Georgia police to chase into Florida unauthorized

Posted on July 09, 2009
In U.S. v. Goings, No. 08-15705 (July 7, 2009), the Court, citing the Supreme Court?s recent decision in Virginia v. Moore, 128 S.Ct. 1598 (2008) (no Fourth Amendment violation when police officer makes an arrest prohibited by state law but based on probable cause), held that no Fourth Amendment violation occurred when Georgia police, in a hot pursuit car chase, crossed into Florida without authorization and apprehended a defendant...

Valencia-Trujillo: No Extradition Treaty, No Standing

Posted on July 08, 2009
In U.S. v. Valencia-Trujillo, No. 07-10524 (July 7, 2009), the Court affirmed the conviction and sentence of a defendant extradited from Colombia for cocaine trafficking.The Court rejected the defendant?s "rule of specialty" argument, which claimed that he had been prosecuted in the United States for crimes outside the scope of Colombia?s extradition...

Thomas: Law of the case doctrine does not preclude certain 2255 issues

Posted on July 02, 2009
In Thomas v. U.S., No. 06-15651 (June 30, 2009), the Court held that the "law of the case" doctrine did not preclude a federal inmate, in a � 2255 proceeding, from raising a claim of (1) ineffective assistance of counsel, and (2) infirmity of a prior state convictions which called into question his "career offender" status...

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