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Defense Newsletter Blog 

Breaking news supplementing the Defense Newsletter covering 11th Circuit and Supreme Court Cases.
Post Frequency: 9.1/day Last Entry: October 27, 2020 at 13:19:00 Recent Entries: 355
By Tim Cone
Go to Defense Newsletter Blog, find other Criminal Law blogs, or browse all law blogs.
Tagg: Pipe Bombs Not Protected by Second Amendment
Posted on July 02, 2009In U.S. v. Tagg, No 08-16860 (June 30, 2009), the Court affirmed the conviction of a defendant charged with aiding and abetting in the possession of a pipe-bomb.The Court rejected Tagg?s challenge to the sufficiency of the evidence, pointing out that his conduct in helping persons purchase gunpowder, watching them build pipe bombs in his garage, and telling them to go light the bombs somewhere else, sufficed...
Gari: I-123 Immigration forms if Confrontation Clause error, harmless error
Posted on July 02, 2009In U.S. v. Gari, No. 08-10014 (June 30, 2009), the Court affirmed certain Cuban alien-smuggling convictions, reversed others, and remanded for resentencing.The Court found sufficient evidence to convict the defendants of several counts of alien smuggling...
Moran: No Notice Required Pre-Sentencing for Supervised Release Conditions
Posted on July 02, 2009In U.S. v. Moran, No. 08-16987 (July 1, 2009), the Court found no error in the sentencing court?s imposition, without prior notice in advance of sentencing, of special conditions of supervised release to address a defendant?s proclivity to sexual misconduct...
Wilk: Self defense not available when defendant had reason to know law enforcement was entering his home
Posted on July 01, 2009In U.S. v. Wilk, No. 07-14176 (June 29, 2009), the Court affirmed the conviction and sentence of a defendant charged with killing a state law enforcement officer assisting in a federal investigation.Law enforcement officers, suspecting Wilk of possession of impeding a federal investigation, forcibly entered Wilk?s home...
Barner: Prosecutor misled court on reasons for not giving 5K1.1 reduction
Posted on July 01, 2009In U.S. v. Barner, No. 08-10080 (June 29, 2009), the Court affirmed the conviction of a defendant charged with possession of ecstasy, but reversed the sentence.The Court rejected Barner?s claim that statements were obtained from him in violation of Miranda...
Doorball: State waiver dooms federal habeas petition
Posted on July 01, 2009In Doorbal v. Dept. of Corrections, No. 08-15869 (June 29, 2009), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for 1994 and 1995 murders.The Court found that the Florida Supreme Court had earlier ruled that Doorbal?s claim of ineffective assistance of counsel was waived because he failed to present the issue on appeal in the Florida state courts...
Flores: Sur-13 gang convictions and sentences affirmed
Posted on June 30, 2009In U.S. v. Flores, No. 08-10775 (June 29, 2009), the Court affirmed the convictions and sentences of defendants convicted of RICO and murder crimes as members of the Sur-13 gang.The Court found no fault in the district court?s excusing a potential juror for cause when she said she suffered from attention deficit disorder ("ADD"), noting that untreated ADD could interfere with a juror?s ability to pay attention in a lengthy trial...
Gupta: Gupta Sentence Vacated Again
Posted on June 24, 2009In U.S. v. Gupta, No. 08-12248 (June 23, 2009), on a government appeal, the Court vacated the sentence of three years probation and no restitution imposed on a Medicare fraud defendant.At sentencing, confronted with a government loss estimate of $3.4 million and a defendant estimate of zero, the district court split the difference and determined loss to be $1...
Elso: Case is No Longer Pending Once Eleventh Circuit Mandate Issues
Posted on June 22, 2009In U.S. v. Elso, No. 06-14954 (June 19, 2009), the Court held that a district court lacked authority to consider the defendant?s motion under Fed. R. Crim. P. 12(b)(3)(B), challenging the subject matter jurisdiction over one of his counts of conviction...
Jefferson: Failure to investigate brain damage not ineffective assistance
Posted on June 17, 2009In Jefferson v. Hall, No. 07-12502 (June 12, 2009), the Court (2-1, Carnes, J. dissenting) reversed the grant of habeas relief to a Georgia inmate sentenced to death for a 1985 murder.The Court found that counsel had not given ineffective assistance at the penalty phase of the trial...
Docampo: 270 month sentence on 18 year old is reasonable
Posted on June 16, 2009In U.S. v. Docampo, No. 08-10698 (June 15, 2009), the Court (2-1, Barkett, J., dissenting in part) affirmed as "reasonable" a sentence of 210 months, plus a 60 month consecutive sentence, for cocaine trafficking and gun conviction convictions.The Court agreed with Docampo that the district court erred in admitting the hearsay statement of an accomplice?s girlfriend about a threatening phone call that Docampo made to the girlfriend...
Sarras: 1,200-month sentence for step-daughter child porn affirmed
Posted on June 16, 2009In U.S. v. Sarras, No. 08-11757 (June 16, 2009), the Court affirmed convictions and sentences for persuading a step-daughter to engage in sexually explicit conduct for photos.The Court rejected the argument that a doctor the defense called as a witness should have been permitted to opine that, based on his expertise in examining penises, the penis shown on photographs was not that of the defendant...
Demarest: Yacht dealer money laundering conviction upheld
Posted on June 15, 2009In U.S. v. Demarest, No. 08-12296 (June 10, 2009), the Court affirmed money-laundering convictions and sentences for a yacht dealer who agreed to sell a yacht for cash to undercover agents posing as narcotics traffickers.The Court found that the jury reasonably rejected Demarest?s defense that he was intoxicated when he agreed to the deal...
Kapordelis: 420 month sentence for child porn
Posted on June 03, 2009In U.S. v. Kapordelis, No. 07-14499 (June 1, 2009), the Court affirmed the convictions and 420-month sentence of an anesthesiologist charged with producing, receiving and possessing child pornography.The Court rejected Kapordelis' argument that some of his photos were taken in Greece and the statute should not apply extraterritorially...
Hoffman-Vaile: Dermatologist Obstruction Conviction Affirmed
Posted on May 27, 2009In U.S. v. Hoffman-Vaile, No. 07-12629 (May 27, 2009), the Court affirmed the convictions of a dermatologist charged with Medicare fraud and obstruction of justice.Applying plain error review, the Court rejected a challenge to the admission of reports prepared by a private administrator that processes and reviews claims for Medicare...
Spoerke: PVC pipe bombs are "destructive devices"
Posted on May 27, 2009In U.S. v. Spoerke, No. 08-12910 (May 22, 2009), the Court held that a homemade explosive device made of polyvinyl chloride (PVC) pipe that could propel shrapnel was a "destructive device"under 26 U.S.C. §§ 5801 et seq. The Court noted that Spoerke admitted that his devices could hurt people...
Lamarca: No Habeas Relief for Murder of Daughter's Husband
Posted on May 21, 2009In Lamarca v. Sec. Dep?t of Corrections, No. 08-16775 (May 19, 2009), the Court denied habeas relief to a Florida inmate sentence to death for the 1995 murder of his son-in-law.The Court rejected most of Lamarca?s claims because they were not presented to the Florida state courts, and therefore were not exhausted...
Owen: Appellate Counsel Not Ineffective
Posted on May 20, 2009In Owen v. Dep?t of Corrections, No. 07-14727 (May 18, 2009), the Court denied habeas relief to a Florida inmate sentenced to death for murders committed in 1984.The Court rejected the argument that Owen?s appellate counsel was ineffective because he labored under a conflict once Owen filed a bar complaint against him...
Smith: No Abuse in Imposing High End of Guidelines in Amended Crack Sentence
Posted on May 19, 2009In U.S. v. Smith, No. 08-13215 (May 19, 2009), the Court held that the district court, at a resentencing pursuant to 18 U.S.C. § 3582(c)(2) for a defendant eligible for a sentence reduction pursuant to the recent Amendment to the crack cocaine Guidelines, did not err in failing to adequately address the § 3553(a) factors when it imposed sentence at the high end of the amended guideline range...
Payne: Appellate counsel not ineffective
Posted on May 12, 2009In U.S. v. Payne, No. 08-12944 (May 7, 2009), the Court rejected an inmate?s motion under 28 U.S.C. § 2255 which claimed ineffective assistance of appellate counsel.Payne pointed out that his appellate counsel had failed to challenge on appeal the district court?s imposition of a two-level "abuse of trust" sentence enhancement based on Payne?s status as a pastor...
Bautista-Silva: Reasonable Suspicion to Stop Suburban on I-95
Posted on May 12, 2009In U.S. v. Bautista-Silva, No. 08-13803 (May 11, 2009) (2-1) (Barkett, J., dissenting), the Court reversed the district court?s suppression of statements and physical evidence obtained as a result of a traffic stop which resulted in the arrest of five illegal aliens from Mexico...
Aldrich: Masturbating on internet is "sexual contact"
Posted on April 28, 2009In U.S. v. Aldrich, No. 08-15556 (April 27, 2009), the Court held that the "sexual contact" sentence enhancement of USSG § 2G2.1(b)(2)(A) includes the act of masturbating on the internet. The Court explained that the guideline definition of "contact" refers to contact with "any person" ? which includes the defendant.
Carter: Reasonable Suspicion Suffices to Search Probationer's Home Without Warrant
Posted on April 27, 2009In U.S. v. Carter, No. 08-14460 (April 27, 2009), the Court held that "reasonable suspicion" sufficed to justify a warrantless search of the home of a probationer.Carter was serving probation after arrests for battery and possession of cocaine. Carter?s probation officer became suspicious that Carter was engaging in drug trafficking after noticing changes in Carter?s lifestyle (despite a meager income), his association with a person with a criminal record, and his apparent gang affiliation...
Schultz: Magistrate Judge can decide self-representation
Posted on April 23, 2009In U.S. v. Schultz, No. 06-11673 (April 22, 2009), the Court affirmed fraud convictions and dismissed the defendant?s appeal in part for lack of jurisdiction.The Court found no error in having a Magistrate Judge, as opposed to an Article III district court, decide Schultz?s Faretta motion for self-representation...
Mitchell: unreasonable 21-day delay in seeking warrant to search hard drive
Posted on April 23, 2009In U.S. v. Mitchell, No. 08-10791 (April 22, 2009), the Court reversed the denial of a motion to suppress, holding that the 21-day delay between the seizure of a computer hard drive and obtaining a warrant to search the hard drive constituted an unreasonable delay, in violation of the Fourth Amendment?s warrant requirement...
Covington: 404(b) admissible in murder for hire
Posted on April 22, 2009In U.S. v. Covington, No. 08-10513 (April 22, 2009), the Court affirmed the convictions and sentence of a defendant charged with having hired a murderer to kill a girlfriend.Covington was arrested and charged with assaulting his girlfriend. He allegedly hired a hitman to murder his girlfriend to avoid having her testify against him...
Lopez-Garcia: No Interrogation where interrogator would not have known of incriminating possibility
Posted on April 22, 2009In U.S. v. Lopez-Garcia, No. 08-12662 (April 21, 2009), the Court affirmed the conviction and sentence of a defendant for having been unlawfully found in the United States in violation of 8 U.S.C. § 1326(a) and (b)(2).The Court rejected the argument that incriminating statements he gave were tainted as the "fruit of the poisonous tree" because they resulted from his initial seizure in violation of the Fourth Amendment...
Emmanuel: Fourth Amendment does not reach Bahamas
Posted on April 22, 2009In U.S. v. Emmanuel, No. 07-10378 (April 21, 2009), the Court affirmed drug trafficking convictions.The Court rejected the argument that a wiretap of the defendants under Bahamian law so "shocked the conscience" as to warrant suppression of its fruits, because no neutral magistrate need approve the wiretap...
Parker: No Purposeful Discrimination in Peremptory Strikes
Posted on April 20, 2009In Parker v. Allen, No. 05-16907 (April 20, 2009), the Court affirmed the denial of habeas relief to an Alabama inmate convicted of a 1988 murder.The Court rejected Parker?s Batson challenge to the peremptory strikes used against black venirepersons. The Court noted that the Alabama courts had considered this claim, and found no error in a finding of an absence of "purposeful discrimination...
Beckles: Undisputed PSI sawed-off shotgun establishes crime of violence
Posted on April 20, 2009In U.S. v. Beckles, No. 07-15062 (April 17, 2009), the Court affirmed a conviction and sentence for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g).The Court rejected Beckles? argument that his confession was obtained in violation of Miranda...
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My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....

My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








