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

Williams: Coca Cola Trade Secrets Theft Judgment Affirmed

Posted on May 12, 2008
In U.S. v. Williams, No. 07-12526 (March 20, 2008), the Court affirmed convictions and sentences imposed on two defendants who attempted to sell Coca-Cola trade secrets to Pepsi, in violation of 18 U.S.C. § 1832(a)(1), (3) and (5).The Court rejected the argument that defense cross-examination of a cooperating prosecution witness was unduly limited, pointing out that defense counsel had already presented the jury with substantial evidence to draw a fair inference about the witness? credibility, and that the witness? further testimony would not have given the jury a different impression...

Harris: Search of Cab Passenger Compartment Did not Violate 4th Amend.

Posted on May 08, 2008
In U.S. v. Harris, No. 07-13473 (May 8, 2008), the Court affirmed the denial of a motion to suppress a firearm found after a search of a taxi in which the defendant had been riding.An Atlanta, Georgia, police officer saw Harris remove what appeared to be a handgun from bushes, and get into a taxi...

Hunt: Affirming police officer's false report obstruction conviction

Posted on May 06, 2008
In U.S. v. Hunt, No. 06-16641 (May 5, 2008), the Court affirmed a conviction and sentence for making a false entry in a police report with the intent to impede an FBI investigation.Hunt, a Prichard, Alabama police officer, was involved in an arrest where he threw the person to the ground, causing injury and permanent hearing loss...

Edwards: Conspiracy Evidence Sufficient

Posted on May 06, 2008
In U.S. v. Edwards, No. 06-11643 (May 5, 2008), the Court affirmed fraud and money laundering convictions arising out of a Ponzi scheme involving investments in coin-operated payphones.Edwards failed to renew his motion for judgment of acquittal at the close of all the evidence, as required by Fed...

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

Brown: Plea Voluntary Even If Court does not explain essential elements of the offense

Posted on May 01, 2008
In U.S. v. Brown, No. 05-16128 (April 29, 2008), the Court affirmed the conviction and 235 month sentence of a defendant convicted of enticing a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b).Reviewing the issue for plain error, the Court rejected the argument that Brown?s plea was involuntary because the district court did not explain the elements of the offense...

Moore: Sex for Contraband Conspiracy Affirmed

Posted on April 24, 2008
In U.S. v. Moore, No. 07-10326 (April 22, 2008), the Court affirmed the convictions of two correctional officers convicted of "bribery."The Court rejected a challenge to the sufficiency of the conspiracy evidence, noting that while the government witness gave conflicting testimony, the jury was free to credit the testimony that the correctional officers agreed to participate in a "sex for contraband conspiracy...

Livesay: Inadequate Explanation for sentence variance

Posted on April 24, 2008
In U.S. v. Livesay, No. 06-11303 (April 23, 2008), the Court reversed the sentence of 60 months? probation imposed on a former controller at HealthSouth corporation, for his role in this company?s $1.4 billion fraud. The sentence reflected a downward 5K1...

Velasquez: Immigration Status Not a Proper Sentencing Factor

Posted on April 21, 2008
In U.S. v. Velasquez, No. 06-16637 (April 21, 2008), the Court vacated a nine-month sentence imposed on a defendant for violation of supervised release.The defendant pled guilty and was sentenced to time served and two years supervised release for use of a counterfeit visa for entry into the United States, in violation of 18 U...

Begay: DUI is not a "violent felony"

Posted on April 16, 2008
In Begay v. U.S., No. 06-11543, the Supreme Court held that a felony conviction for driving under the influence of alcohol (DUI) falls outside the scope of the "violent felony" definition, for purposes of imposing a mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior "violent felony" convictions...

Mock: Attempted Murder Enhancement Requires Findings

Posted on April 15, 2008
In U.S. v. Mock, No. 06-15861 (April 14, 2008), the Court affirmed a defendant?s arson convictions, but reversed the sentence because the district court did not make explicit findings of fact to support its attempted murder enhancement.The Court rejected a challenge to remarks in the prosecutor?s closing argument, noting that while "colorful," they did not jeopardize the fairness of the trial...

Ellisor: Christmas Show Fraud Punished by 87 months

Posted on April 10, 2008
In U.S. v. Ellisor, No. 05-14459 (April 7, 2008), the Court affirmed the mail fraud convictions and 87-month sentence of a defendant convicted of defrauding schools and children?s parents of money paid for tickets for a non-existent "Christmas Around the World Show...

Svete: Mail Fraud Instruction Defective

Posted on March 27, 2008
In U.S. v. Svete, No. 05-13809 (March 26, 2008), the Court reversed mail fraud convictions for two defendants based on an erroneous jury instruction, but otherwise rejected the defendants? challenges to their convictions and sentences. The case arose out of an $80 million fraud on investors in life insurance benefits...

McNeil: Extraordinary Attorney Negligence Tolls AEDPA period

Posted on March 26, 2008
In Downs v. McNeil, No. 05-10210 (March 24, 2008), the Court held that equitable tolling may apply to a Florida death row inmate?s otherwise untimely federal habeas petition.The Court recognized that a showing of "ordinary" attorney negligence would not suffice to equitably toll AEDPA?s statute of limitations...

Maupin: Florida nolo contendere w/ adjudication withheld counts as prior conviction

Posted on March 25, 2008
In United States v. Maupin, No. 07-03341 (March 24, 2008), the Court held that a child pornography offender?s prior Florida nolo contendere plea with adjudication withheld to Florida child pornography charges counted as a prior conviction for purposes of the sentencing enhancement under 18 U...

Devine: No further duty to consult about appeal

Posted on March 20, 2008
In Devine v. U.S., No. 07-11206 (March 20, 2008), the Court held that defense counsel was not ineffective for failing to file a notice of appeal.The defendant pled guilty. The plea was valid. His plea included an appeal waiver. The waiver provided that the only issue he could appeal was the legality of his sentence...

Burgest: Dual Sovereignty Precludes Suppression

Posted on March 14, 2008
In U.S. v. Burgest, No. 06-11351 (March 13, 2008), the Court rejected the defendant?s argument that statements he gave to federal investigators should be suppressed, because his right to counsel had attached in State criminal proceedings for the same drug offense, and the statements were obtained in violation of his right to counsel...

Stratton: Kimbrough remand

Posted on March 14, 2008
In U.S. v. Stratton, No. 06-10080 (March 13, 2008), the Court remanded a case for resentencing on Kimbrough grounds. The Court noted that the defendant had preserved the Kimbrough issue by challenging the crack/powder disparity in his appeal. Further, the district court at sentencing specifically rejected Stratton?s argument that it had the authority to consider the crack/powder disparity as a basis for a sentence reduction.

Lawhorn: Habeas relief granted on ineffectiveness grounds

Posted on March 14, 2008
In Lawhorn v. Allen, No. 04-11711 (March 11, 2008), the Court (Barkett, Wilson, Cox), affirmed a district court?s grant of habeas relief to an Alabama death row inmate, on ineffective assistance of counsel grounds.The district court had ruled that Lawhorn was entitled to habeas relief on the ground that a confession that he gave was the product of an unlawfully long five-day detention without access to counsel...

Gordon: Counsel not ineffective in failure to insist on allocution

Posted on March 14, 2008
In Gordon v. U.S., No. 05-16703 (March 7, 2008), the Court held that the defendant did not establish ineffective assistance of counsel. Gordon claimed that his counsel was ineffective for failing to object to the district court?s failure to address Gordon personally at sentencing...

Michel: 2255 motion unsigned but timely

Posted on March 14, 2008
In Michel v. U.S., No. 06-13982 (March 11, 2008), the Court held that even though an inmate initially filed an unsigned § 2255 motion, and only later filed a signed motion ? after the running of the statute of limitations ? the timeliness of the initial unsigned prevented his motion from being dismissed on untimeliness grounds...

Aviles: Withdrawal determines which Guideline manual to apply in "constant" conspiracies

Posted on March 06, 2008
In U.S. v. Aviles, No. 05-14446 (March 4, 2008), the Court, on a government appeal, reversed the district court for possibly using the wrong Guidelines manual at sentencing.A sentencing court should apply the Guidelines manual in effect at the time of sentencing, unless use of this manual would violate the Ex Post Facto Clause (because the punishment increased after the defendant committed the offense), in which case it should use the manual in effect at the time the crime was committed...

Deverso: Mistake of Age not a 2252 defense

Posted on March 06, 2008
In U.S. v. Deverso, No. 06-16048 (March 5, 2008), the Court affirmed convictions for using a minor to engage in sexually explicit conduct outside the United States for the purpose of producing a visual depiction of such conduct within the United States...

Dean: Accidental Discharge Still Triggers Higher Penalty

Posted on February 25, 2008
In U.S. v. Dean, No. 06-14918 (Feb. 20, 2008) (Hull, Pryor, Moore, KM, b.d.), the Court affirmed the conviction and sentences of defendants convicted as a result of an armed bank robbery which netted them $3,642.Rejecting the challenge to a Hobbs Act conviction based on the government?s Confrontation Clause violation in proving up the fact of FDIC insurance, the Court held that no such proof was required...

Fotopoulos: Not Ineffective Not to Challenge Inconsistent Theories

Posted on February 19, 2008
In Fotopoulos v. Secretary, Dep?t of Corrections, No. 07-11105 (Feb. 17, 2008), the Court reversed the grant of habeas relief to a Florida inmate sentenced to death for two 1989 murders.The Court rejected the fact-finding that Fotopoulos?s counsel was ineffective for allowing the state to put on inconsistent theories regarding Fotopoulos? guilty, one which emphasized his domination of his accomplice, and one which did not...

De La Garza: No Plain Error in Gov't Violation of Plea Agreement

Posted on February 19, 2008
In U.S. v. De La Garza, No. 06-13396 (Feb. 15, 2008), the Court affirmed the conviction of a defendant who pled guilty to conspiracy to possess more than five kilos of cocaine with intent to distribute, in violation of the Marine Drug Law Enforcement Act ("MDLEA")...

Pugh: Five Years Probation Unreasonable for Child Pornography Possessor

Posted on February 01, 2008
In U.S. v. Pugh, No. 07-10183 (Jan. 31, 2008), in its first sentencing decision applying the Supreme Court?s recent Gall and Kimbrough holdings, the Court held that the district abused its discretionary by imposing a probationary sentence on a defendant convicted of possession of images of child pornography...

Al-Arian: Promise not to Subpoena Must be Explicit in Plea Agreement

Posted on January 30, 2008
In U.S. v. Al-Arian, No. 06-16008 (Jan. 25, 2008), the Court held that when a plea agreement contains no agreement providing that a defendant is immune from a future grand jury subpoena, the plea agreement does not prevent the government from subpoenaing the defendant to testify before a grand jury...

Masferrer: Bank CEO fraud conviction affirmed

Posted on January 23, 2008
In U.S. v. Masferrer, No. 06-14223 (Jan. 22, 2008), the Court affirmed the conviction and sentence of a bank CEO convicted of bank and securities fraud. The fraud arose out of Masferrer?s attempt to conceal bad bank investments in Russian assets.The Court rejected the challenge to the technical violation of the recusal rules when the case was directly reassigned to another judge...

Flint: Shelton Not Extended

Posted on January 23, 2008
In Flint v. Jordan, No. 06-11897 (Jan. 22, 2008), the Court held that a § 2255 petition was untimely, even though the prior state conviction which the defendant challenged had been obtained without the assistance of counsel. The Court noted that the Supreme Court?s decision in Alabama v...

Johnson: State extension of time does not create federal equitable tolling

Posted on January 22, 2008
In Johnson v. Fla. Dep?t of Corrections, No. 07-12115 (Jan. 17, 2008), the Court held that a Florida death row?s federal habeas petition was untimely.The state inmate claimed that there was a delay in the appointment of his post-conviction lawyer in Florida state court...

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...