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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

Thomas v. Allen: Atkins Bars Execution of Mentally Retarded Offender

Posted on May 28, 2010
In Thomas v. Allen, No. 09-12869 (May 27, 2010), the Court affirmed the granting of habeas relief to an Alabama death row inmate based on a finding that he was mentally retarded and therefore ineligible for execution under Atkins v. Virginia.The Court noted that Atkins is a new rule of constitutional law made retroactive to cases on collateral review, and therefore, contrary to the findings of the Alabama courts, could not be defaulted under state procedural rules...

Wright: Community Control Revocation Counts Like Probation Revocation

Posted on May 27, 2010
In U.S. v. Wright, No. 09-12685 (May 26, 2010), the Court held that a Florida sentence of ?community control? is ?similar? to other forms of conditional release, like probation, and that a sentence for revocation of community control therefore counts for purposes of calculating criminal history points under USSG § 4A1...

Boffil-Rivera: False Statement was Material

Posted on May 27, 2010
In U.S. v. Boffil-Rivera, No. 08-16098 (May 27, 2010), the Court rejected a sufficiency of the evidence challenge to a conviction for making a false statement of material fact in a matter within the jurisdiction of a government agency, in violation of 18 U...

Alfaro-Moncada: Ok to Border Search Cabin Without Reasonable Suspicion

Posted on May 27, 2010
In U.S. v. Alfaro-Moncada, No. 08-16442 (May 27, 2010), the Court held that a search of the cabin of a crew member of a foreign cargo vessel did not violate the Fourth Amendment, even though the Agricultural Enforcement Team that boarded the ship to inspect for prohibited agricultural materials had no reasonable suspicion regarding the contents of the cabin...

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Martinez: Court of Appeals Has Broad Power to Fashion Resentencing

Posted on May 21, 2010
In U.S. v. Martinez, No. 08-13846 (May 19, 2010), the Court, denying a motion for rehearing or rehearing en banc, the Court rejected the argument that its prior decision in U.S. v. Canty foreclosed the Court of Appeals, when it vacated a sentencing enhancement based on the defendant?s leadership role, to allow the government at resentencing to present new evidence in order to establish that the leadership enhancement was warranted...

Garcia: Defining Generic "Aggravated Assault"

Posted on May 21, 2010
In U.S. v. Garcia, No. 09-10534 (May 21, 2010), the Court rejected a statute of limitations challenge to an illegal re-entry conviction, but vacated a sentence because a prior Arizona aggravated assault conviction was incorrectly counted as a ?crime of violence...

Gomez-Castro: 1028(a)(1): Jury Can Use Its Common Sense

Posted on May 17, 2010
In U.S. v. Gomez-Castro, No. 09-12557 (May 13, 2010), the Court held that the government presented sufficient evidence to sustain a conviction for aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). The Court rejected the argument that there was insufficient evidence to establish that Gomez-Castro knew that she had used the identity of a real person...

McNair: Alabama Sewer Bribery Convictions Upheld

Posted on May 17, 2010
In U.S. v. McNair, No. 07-11476 (May 12, 2010), in a 167-page opinion, the Court affirmed multiple bribery convictions of government officials and private contractors involved in sewer projects in Jefferson County, Alabama.The Court rejected a challenge to the jury instructions? failure to instruct that a bribery conviction requires a showing of a quid pro quo, i...

Frazier: False statement is material to firearm sale

Posted on May 17, 2010
In U.S. v. Frazier, No. 08-11655 (May 14, 2010), the Court affirmed false statement firearm convictions, and reversed a sentence because it was incorrectly calculated.Turning first to a jurisdictional question, the Court recognized that the defendant filed his notice after the expiration of the 10-day deadline for filing a notice of appeal...

Mason: Confrontation Clause Error Harmless

Posted on May 12, 2010
In Mason v. Allen, No. 09-12195 (May 11, 2010), the Court affirmed the denial of habeas relief to an Alabama inmate sentenced to death for a 1994 murder.The Court found that the State committed error when it deprived Mason of the opportunity to cross-examine the informant on whose hearsay testimony it relied at trial...

Phaknikone: MySpace Evidence Not Admissible Under 404(b)

Posted on May 10, 2010
In U.S. v. Phaknikone, No. 09-10084 (May 10, 2010), the Court found that the district court violated Fed. R. Evid. 404(b) when it admitted evidence from the defendant?s MySpace account, but held that the error was harmless in light of the overwhelming evidence of guilt, and affirmed bank robbery convictions...

Paige: Congress Can Regulate Intrastate Child Pornography

Posted on April 28, 2010
In U.S. v. Paige, No. 09-13067 (April 27, 2010), the Court affirmed convictions of a parent for permitting a minor child to engage in sexually explicit conduct for the purpose of producing child pornography, rejecting the argument that 18 U.S.C. § 2251(b) exceeded the scope of Congress? authority under the Commerce Clause...

Crape: Insanity Acquittee Revocation Must Involve Failure to Comply with Regimen

Posted on April 28, 2010
In U.S. v. Crape, No. 09-12470 (April 21, 2010), the Court held that a district court has authority to revoke the conditional discharge of a person who was acquitted by reason of insanity and then committed, only if the person has failed to comply with his regimen of treatment...

Dean: Attorney General Could ByPass Notice & Comment on SORNA Rules

Posted on April 28, 2010
In U.S. v. Dean, No. 09-13115 (April 28, 2010), the Court held that the Attorney General had ?good cause? to promulgate the rule making sex offender registration requirements applicable to sex offenders convicted prior to SORNA?s enactment without a pre-promulgation notice and comment period...

Lee: Substantial Step Toward Enticement of Minor Need not be toward Causing Conduct

Posted on April 19, 2010
In U.S. v. Lee, No. 08-17077 (April 16, 2010), the Court affirmed convictions for attempted enticement of a minor, and child pornography charges.The Court rejected Lee?s sufficiency of the evidence challenge to his convictions. Lee argued that he could not be guilty of attempted enticement of a minor because he dealt only with an adult (an undercover agent), with regard to two fictitious minors...

Fowler: "Possible" Investigation Sufficient for 1512 Murder Liability

Posted on April 14, 2010
In U.S. v. Fowler, No. 08-15463 (April 14, 2010), the Court found sufficient evidence to support a conviction for murder with the intent to prevent a person from communicating information about a federal offense to a federal law enforcement officer, in violation of 18 U...

Lena-Encinas: No Miranda Custody When Seized In Frontyard

Posted on April 14, 2010
In U.S. v. Lena-Encinas, No. 08-12574 (April 13, 2010), the Court held that a defendant was not ?in custody? for Miranda purposes, and affirmed the denial of a motion to suppress unMirandized statements he made to police.The Court noted that merely being ?seized? does not suffice to establish custody: the person must feel not free to leave ?to a degree associated with a formal arrest...

Powell: Insufficient Evidence of Mental Retardation to Bar Death Penalty

Posted on April 12, 2010
In Powell v. Allen, No. 08-16784 (April 8, 2010), the Court affirmed the denial of habeas relief to an Alabama death row inmate.The Court, inter alia, rejected Powell?s claim that he is sufficiently mentally retarded that his execution is constitutionally barred...

Jones: Speedy Trial Act Violation

Posted on April 05, 2010
In U.S. v. Jones, No. 08-16999 (Apr. 2, 2010), the Court reversed two felon-in-possession of a firearm and ammunition convictions because of a Speedy Trial Act violation, affirmed two felon-in-possession convictions, and remanded for resentencing.Jones was convicted of two counts of being a felon-in-possession, but the Court of Appeals overturned these convictions...

Coast: Two Criminal History Points for Driving with Suspended Licence Conviction

Posted on April 05, 2010
In U.S. v. Coast, No. 17-116 (April 5, 2010), the Court affirmed adding two points to a defendant?s criminal history for a prior conviction for driving with a suspended license.Coast had originally been sentenced to probation. Had this remained his only sentence, the prior conviction would not have qualified for the two criminal history points under U...

Santiago: Florida probation and adjudication withheld is a "conviction"

Posted on April 02, 2010
In U.S. v. Santiago, No. 09-10466 (April 2, 2010), the Court held that a guilty plea followed by a sentence of probation and a withholding of adjudication under Florida law qualified as a prior ?conviction? for purposes of enhancing an offender?s sentence under 18 U...

Suarez: Alien Smuggling Convictions Affirmed

Posted on April 01, 2010
In U.S. v. Suarez, No. 08-13675 (March 31, 2010), the Court affirmed alien smuggling convictions and sentences.The Court rejected the argument that the indictment should be dismissed because the government repatriated to Cuba the group of Cubans on the boat being smuggled to the United States ? Cubans who would have testified that they forced their way onto a boat destined only for relatives of the defendant...

Sneed: Precluding Police Reports as Source for 924(e) Temporality Findings

Posted on March 25, 2010
In U.S. v. Sneed, No. 09-13195 (March 24, 2010), the Court vacated the 15-year minimum mandatory sentence imposed, based on his three prior convictions, on a defendant convicted of being a felon in possession of firearm, in violation of 18 U.S.C. § 924(e)...

Ramunno: No Constructive Trust for Victim of Ponzi Scheme

Posted on March 22, 2010
In U.S. v. Ramunno, No. 09-10446 (March 17, 2010), the Court found no abuse of discretion in the district court?s denial of a fraud-victim?s request to amend an order of forfeiture against the defendant and recognize a ?constructive trust? under Georgia state law in the amount of funds the victim invested...

Jennings: Workers' Comp. Fraud Conviction Upheld

Posted on March 18, 2010
In U.S. v. Jennings, No. 08-13434 (March 16, 2010), the Court affirmed convictions and sentences arising out of a scheme to sell fraudulent workers? compensation insurance.The Court rejected the defendant?s challenge to the reliance by the government?s expert on hearsay evidence...

Frank: Un-Mirandized Statement to Cambodian Police Is Admissible

Posted on March 18, 2010
In U.S. v. Frank, No. 07-13685 (March 15, 2010), the Court affirmed convictions for traveling to Cambodia and engaging in illicit sexual conduct with minor children, in violation of 18 U.S.C. §§ 2423(b) and 2251A(b)(2)(A).The Court rejected Frank?s argument that his un-Mirandized statements to Cambodian police in Cambodia should have been suppressed...

Williams: Counsel not ineffective for failing to call psychopharmacologist

Posted on March 11, 2010
In Williams v. Allen, No. 08-11905 (March 4, 2010), the Court denied habeas relief to an Alabama death row inmate convicted of two murders in 1992.The Court rejected Williams? argument that his counsel was ineffective for pursuing an insanity defense...

Culver: 720-month sentence for child pornographer

Posted on March 11, 2010
In U.S. v. Culver, No. 07_14708 (March 2, 2010), the Court affirmed the conviction and 720-month sentence imposed on a defendant convicted of producing child pornography of his stepdaughter.The Court rejected the argument that the Commerce Clause did not authorize Congress to criminalize Culver?s conduct, pointing out that ?pornography begets pornography, regardless of its origin...

Davis: Pre-Gant Caselaw Excuses Unlawful Search

Posted on March 11, 2010
In U.S. v. Davis, No. 08-16654 (March 11, 2010), recognizing a Circuit split on this issue, the Court held that even though the police search of a vehicle was unreasonable under Arizona v. Gant, 129 S.Ct. 1710 (2009), the fruits of the search need not be suppressed, because the police were relying in good faith on pre-Gant precedent which authorized their search...

Ternus: Stolen paintings conviction upheld

Posted on March 11, 2010
In U.S. v. Ternus, No. 07-14708 (March 2, 2010), the Court affirmed Ternus? conviction for conspiracy to transport in interstate commerce stolen goods, in violation of 18 U.S.C. §§ 371 and 2314. The case involved four paintings stolen from a museum in Nice, France...

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