Defense Newsletter Blog: Criminal Law

Home -> Law Blog Directory -> Criminal Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Dorsey: No Impermissible 5K1.1 refusal

Posted on January 14, 2009
In U.S. v. Dorsey, No. 06-16698 (Jan. 9, 2009), the Court, upon sua sponte reconsideration of its prior decision, vacated its prior opinion and substituted another, finding that there was sufficient corroborating information in affidavits supporting search warrants, and holding that the government did not unconstitutionally punish Dorsey when it refused to file a motion to reduce his sentence pursuant to 5K1...

Gonzalez: No Plain Error in sentencing where court would have reached same result absent error

Posted on December 16, 2008
In U.S. v. Gonzalez, No. 08-10008 (Dec. 12, 2008), the Court rejected challenges to a sentence of 50-months for a defendant convicted of illegal re-entry.The defendant argued that error occurred because the sentencing court relied on a since-amended Guideline, § 2B1...

Jones: No Crack Reduction for 1994 12kilos offender

Posted on November 20, 2008
In U.S. v. Jones, No 08-13298 (Nov. 19, 2008), the Court upheld the denial of a § 3582(c)(2) sentence reduction to a crack offender.Jones was originally sentenced in 1994 based on Guideline offense level 38, for a quantity of crack cocaine he admitted was in excess of 12 kilos...

James: No 3852 reduction when offense level unchanged

Posted on November 14, 2008
In U.S. v. James, No. 08-12067 (Nov. 12, 2008), the Court held that a crack cocaine offender was not eligible for Amendment 706?s retroactive sentence reduction, because the Amendment did not affect the calculation of James? offense level in a way favorable to him...

To access this complete feed in the blog feed reader login or register for free.

Steed: Alabama statute not "clearly unconstitutional" for 4th Amend. purposes

Posted on November 13, 2008
In U.S. v. Steed, No. 08-10557 (Nov. 10, 2008), the Court affirmed a marihuana trafficking conviction.The Court rejected the argument that the marihuana seized from the tractor-trailer the defendant was driving should have been suppressed because the Alabama statute pursuant to which the police officer inspected the truck?s paperwork and equipment (and ultimately discovered marihuana) was clearly unconstitutional...

Garey: Upholding Domestic Terrorism Enhancement

Posted on November 04, 2008
In U.S. v. Garey, No. 05014631 (Oct. 31, 2008), the Court, on remand from an en banc decision that affirmed the defendant?s conviction, affirmed the defendant?s sentence.Garey argued that the increase in his Guideline sentence for a felony that "involved or was intended to promote a ?federal crime of terrorism?" was unwarranted, because the enhancement requires conduct that transcends national boundaries, and his crime was "purely domestic...

Anton: Court failed to explain reliability of hearsay relied on at sentencing

Posted on November 04, 2008
In U.S. v. Anton, No. 07-13124 (Oct. 30, 2008), the Court affirmed a conviction for being a felon in possession of a firearm, but vacated the sentence and remanded for resentencing.The Court rejected Anton?s argument that his nolo contendere plea to a prior Florida state crime precluded qualifying it as a "felony...

mcNeese: Govt Controls Rule 35(b) resentencing minimum

Posted on November 04, 2008
In U.S. v. McNeese, No. 08-10093 (Nov. 3, 2008), the Court held that the government does have the authority to limit a Rule 35(b) motion for reduction of sentence to one count of an indictment, and thereby preclude a district court from resentencing a defendant to sentence less than that previously imposed on a separate count of the indictment...

Prevatte: Prior Georgia Conviction Valid

Posted on October 29, 2008
In Prevatte v. French, No. 07-14536 (Oct. 28, 2008), the Court affirmed the denial of habeas relief to a North Carolina inmate, rejecting his challenges to the validity of prior Georgia convictions that were used as aggravating factors in a North Carolina death penalty sentencing...

Thomas: Armed Career Offenders Not Eligible for Crack Guideline Reduction

Posted on October 27, 2008
In U.S. v. Thomas, No. 08-11492 (Oct. 23, 2008), the Court, applying U.S. v. Moore, 541 F.3d 1323 (11th Cir. 2008) (career offenders are categorically ineligible for the two-level reduction made retroactively available to crack cocaine offenders), held that armed career offenders, like career offenders, are not eligible for an Amendment 706 sentence reduction...

Singleton: Can't Assume Powder will all become crack

Posted on October 20, 2008
In U.S. v. Singleton, No. 07-13329 (Oct. 16, 2008), the Court held that the district erred in establishing the base offense for Singleton?s crack and powder cocaine offenses at level 36, instead of level 34.The district court arrived at the weight quantity of cocaine by assuming that the powder cocaine seized at Singleton?s motel room could all be converted to crack cocaine...

Valladares: 35 days is enough to prepare for Medicare fraud trial

Posted on October 15, 2008
In U.S. v. Valladares, No. 07-14592 (Oct. 9, 2008), the Court upheld the conviction and sentence of a defendant convicted of defrauding Medicare by bribing doctors to prescribe medically unnecessary medication.The Court rejected Valladares? argument that the district court abused its discretion when it denied her request for a continuance of the trial...

Jackson: 851 approval not jurisdictional

Posted on October 14, 2008
In U.S. v. Jackson, No 07-13374 (Oct. 7, 2008), the Court held that the requirement that the government obtain approval for an appeal of a sentence from the Solicitor General was not jurisdictional. Thus, it rejected the argument that it lacked jurisdiction to consider the government?s appeal of the defendant?s sentence...

Dombrowski: 5th Amend. Right Not "Clearly Established" for Prior Conviction Admissions

Posted on October 06, 2008
In Dombrowski v. Mingo, No. 05-13140 (Oct. 3, 2008), the Court affirmed the denial of habeas corpus relief to a Florida inmate, who claimed that a Florida state judge violated his Fifth Amendment privilege against self-incrimination when, without warning Mingo of the consequences, he asked Mingo to admit, for purposes of enhancing his sentence as a Florida "habitual offender," that he had several prior felony convictions...

Williams: Counsel Ineffective for Failing to Investigate Defendant's Life History

Posted on September 22, 2008
In Williams v. Allen, No. 07-11393 (Sept. 17, 2008), the Court (Birch, Dubina, Wilson) reversed the denial of habeas relief to an Alabama inmate sentenced to death for a 1988 murder.The Court found that Williams? counsel were ineffective at the sentencing stage in failing to broaden the scope of their investigation with regard to Williams? life history...

Antonelli: Parole Commission 2241 Challenge Not subject to gatekeeping

Posted on September 22, 2008
In Antonelli v. Warden, U.S.P. Atlanta, No. 08-10608 (Sept.17, 2008), the Court held that habeas petitions under 28 U.S.C. § 2241 that challenge denials of credit by the United States Parole Commission are not subject to the gatekeeping requirements of AEDPA (which require such petitioners to first obtain permission from the Court of Appeals before filed a "second or successive" petition)...

Richardson: Single Conspiracy, not multiple

Posted on July 09, 2008
In U.S. v. Richardson, No. 06-12610 (July 3, 2008), the Court rejected the defendant?s contention that his various illegal agreements with several drug coconspirators constituted not one but multiple conspiracies.Richardson claimed that the evidence showed unconnected drug conspiracies, not the single conspiracy charged in the indictment...

Campa: Cuban Shootdown convictions upheld

Posted on June 06, 2008
In U.S. v. Campa, No. 01-17176 (June 4, 2008), the Court affirmed all convictions of all defendants convicted of espionage and related offenses.The Court rejected the challenges to evidence obtained from searches authorized under the Foreign Intelligence Surveillance Act...

Johnson: Florida battery is a "violent felony" for ACCA

Posted on June 04, 2008
In U.S. v. Johnson, No. 07-13497 (May 30, 2008), the Court held that a defendant?s prior Florida state conviction for battery qualifies as a "violent felony" for purposes of the ACCA mandatory minimum for felon in possession of ammunition offenders who have three prior convictions...

Day: Challenge to Georgia Parole Board Timely

Posted on May 30, 2008
In Day v. Hall, No. 06-16060 (May 29, 2008), the Court held that a Georgia inmate?s federal habeas petition should not have been dismissed as untimely, and therefore reversed the district court?s dismissal. The Court rejected the argument that the AEDPA one-year statute of limitations started to run from date Day was first denied parole...

Young: Superseding Indictment Violates Speedy Trial Act

Posted on May 29, 2008
In U.S. v. Young, No. 07-13626 (May 27, 2008), the Court held that one count of conviction should have been dismissed (with or without prejudice) for violation of the Speedy Trial Act.The government initially indicted Young on a single count for possessing an unregistered silencer...

Mendez: 371 requires United States to be conspiracy's target

Posted on May 23, 2008
In U.S. v. Mendez, No. 07-13433 (May 21, 2008), the Court reversed a conspiracy to defraud the United States conviction, under 18 U.S.C. § 371, because the fraud involved Florida commercial driver?s licenses, which did not defraud the "United States," as the statute requires...

Carruth: Failure to give Defendant Right to Allocute is Plain Error

Posted on May 23, 2008
In U.S. v. Carruth, No. 07-12060 (May 22, 2008), the Court vacated a sentence for violation of supervised release because the district court failed to give the defendant an opportunity to allocute, as required by Fed. R. Crim. P. 32.1(b)(2)(E).On plain error review, the Court cited the text of the Rule, Supreme Court precedent, and its own precedent, for the principle that a district "must personally extend to the defendant the right of allocution...

Madera: Attorney General Decides Sex Offender Retroactivity

Posted on May 23, 2008
In U.S. v. Madera, No. 07-12176 (May 23, 2008), the Court reversed the district court for failing to dismiss an indictment that charged Madera with failing to register as a sex offender, in violation of 18 U.S.C. § 2250(a) and the Adam Walsh Child Protection and Safety Act of 2006...

Young: Battery Involving Fluids is 4B1.1 crime of violence

Posted on May 20, 2008
In U.S. v. Young, No. 07-14780 (May 19, 2008), the Court held that a prior Florida state conviction for "Battery of a Child Involving Fluids" qualifies as a crime of violence for purposes of the career offender enhancement, USSG § 4B1.1. The Court noted that a "crime of violence" involves the use of "physical force...

Newland: No ineffectiveness in failing to establish confession was coerced

Posted on May 16, 2008
In Newland v. Hall, No. 05-15981 (May 14, 2008), the Court affirmed the denial of habeas relief to a Georgia death row inmate.The Court rejected the argument that defense counsel was ineffective for failing to introduce in evidence police threats to charge the defendant?s wife with aggravated assault, and murder, to establish that the defendant?s confession was coerced...

Williams: No Organizer Enhancement where Husband was not criminally responsible

Posted on May 16, 2008
In U.S. v. Williams, No. 06-15318 (May 16, 2008), the Court affirmed the convictions of a defendant convicted of fraud in connection with the unauthorized use of federal grant moneys to a daycare center, but reversed parts of the sentence.Reviewing for plain error, the Court rejected Williams? Double Jeopardy claim that her conviction for theft of federal funds was duplicative of her conviction for wire fraud...

Hendrix: Judge's Appearance of Bias not a basis for habeas relief

Posted on May 16, 2008
In U.S. v. Hendrix, No. 07-12117 (May 13, 2008), the Court denied habeas relief to a Florida death row inmate sentenced.The Court rejected Hendrix? challenge to the refusal of the state court judge to recuse himself. The Court noted that Hendrix bore the burden of showing that the presiding judge had considered matters not disclosed to the defendant...

Ferguson: Faretta Habeas Claim requires review of state trial transcript

Posted on May 16, 2008
In Ferguson v. Culliver, No. 07-13030 (May 13, 2008), the Court reversed the denial of habeas relief to an Alabama inmate.The defendant claimed that the Alabama state trial court denied him his Faretta right to self-representation. In habeas proceedings, the State did not produce the transcripts of Ferguson?s trial, but instead relied on an appellate court decision which had affirmed the denial of Farretta relief...

Padron: Criminal Forfeiture of Money Applies to Fraud

Posted on May 16, 2008
In U.S. v. Padron, No. 07-11228 (May 13, 2008), the Court affirmed the conviction and sentence of a defendant convicted of a mail fraud scheme arising out of a personal injury clinic that obtained money from insurance companies by submitting false claims...

Previous | Next

Related Law Bulletins

Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...

The Grave Risk of Harm Defense in Hague Child Abduction Cases
A major debate is under way as to the future of the “grave risk ...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...