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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

Harvey: Not Ineffective to concede client's guilt?

Posted on January 10, 2011
In Harvey v. Warden, No. 08-15868 (Jan. 6, 2011), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for 1985 murders.The Court found that Harvey?s defense counsel was not constitutionally ineffective in failing, during jury selection, to strike a juror for cause, or peremptorily, once the juror admitted that based on news accounts of the defendant?s confession she believed he was guilty...

Mejia: "Conviction" under Immigration law

Posted on January 05, 2011
In Mejia v. U.S. Dep?t of Homeland Security, No. 09-14273 (Jan. 4, 2011), the Court held that a prior guilty plea, followed by a finding of guilt and a sentence of time served, in Florida court, qualified as a prior ?conviction? for purposes of the immigration laws...

Gonzalez: Confrontation Clause Error Was Harmless

Posted on January 04, 2011
In Gonzalez v. Sec. Fla. Dep?t of Corrections, No. 09-15599 (Jan. 3, 2011), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1992 murder.The Court did not reach the issue whether Gonzalez? post-collateral motion in Florida State Court was ?properly filed? for purposes of tolling the federal habeas statute of limitations, and instead denied the petition on the merits...

Nix: Resisting Arrest with Violence is "Violent Felony"

Posted on December 30, 2010
In U.S. v. Nix, No. 09-15335 (Dec. 30, 2010), the Court adopted its unpublished opinion in U.S. v. Hayes, and held that a prior Florida conviction for resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01, qualifies as a ?violent felony? of purposes of the Armed Career Criminal Act, 18 U...

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Gowdy: Violation of federal detainer is "escape"

Posted on December 28, 2010
In U.S. v. Gowdy, No. 09-15999 (Dec. 27, 2010), the Court held that, even though the defendant was never in federal prison, but only subject to a federal detainer after his federal conviction and sentencing, he could still be guilty of ?escape from custody? under 18 U...

Rodriguez: Unauthorized Access of Computer

Posted on December 28, 2010
In U.S. v. Rodriguez, No. 09-15265 (Dec. 27, 2010), the Court affirmed a conviction for unauthorized accessing of a computer database, in violation of 18 U.S.C. § 1030(a)(2)(B).Rodriguez was an employee of the Social Security Administration who made unauthorized use of Social Security computer databases to obtain personal information about persons he knew...

Powell: District Court Must Hold Live Hearing to Reverse Magistrate Judge Credibility Determinations

Posted on December 28, 2010
In U.S. v. Powell, No. 09-11612 (Dec. 27, 2010), the Court vacated a conviction because the district judge declined to adopt a Magistrate Judge?s report and recommendation without holding a hearing.Powell moved to suppress statements he made following his arrest, claiming that he was not read his Miranda rights after he requested counsel...

Pilati: SORNA Registration is based on conduct

Posted on December 20, 2010
In U.S. v. Pilati, No. 09-11978 (Dec. 17, 2010), the Court held that an Alabama District Attorney defendant convicted of depriving persons of their civil rights, in violation of 18 U.S.C. § 242, by fondling genetalia during searches, including a search of a minor, could be required to register as a sex offender under SORNA...

Cone: Non-parties lack standing in criminal case

Posted on December 20, 2010
In U.S. v. Cone, No. 09-13824 (Dec. 17, 2010), the Court held that once the district court vacated its preliminary order of forfeiture, non-parties to the criminal proceeding lacked standing to challenge the district court?s vacatur of the order of forfeiture...

Digsby: Appellate Counsel Not Ineffective

Posted on December 08, 2010
In Digsby v. McNeil, No. 09-10978 (Dec. 7, 2010), the Court affirmed the denial of habeas relief to a Florida inmate who claimed that his appellate lawyer was ineffective for failing to raise a collateral estoppel claim in his state direct appeal.At a first trial, Digsby was acquitted of aggravated battery...

Williams: "Incredible" story warrant obstruction of justice enhancement

Posted on December 08, 2010
In U.S. v. Williams, No. 09-10091 (Dec. 8, 2010), the Court agreed with the government that the district court erroneously declined to impose a sentence enhancement for obstruction of justice, and erroneously granted an acceptance of responsibility sentence reduction...

Gooden: District Court Failed to give recharacterization notice

Posted on December 08, 2010
In Gooden v. U.S., No. 09-10499 (Dec. 8, 2009), the Court held that the district court improperly dismissed Gooden?s motion to compel a reduction of sentence for substantial assistance. The district court had dismissed the motion on the ground that it was an untimely 28 U...

Puatti: Joint Penalty Phase Was Appropriate

Posted on December 03, 2010
In Puiatti v. McNeil, No. 09-15514 (Nov. 29, 2010), the Court denied habeas relief to a Florida death row inmate convicted of a 1983 murder.The Court rejected the argument that Puiatti was denied an individualized sentencing determination because the jury considered whether to impose a death sentence on him along with his co-defendant...

Forey-Quintero: Defendant is Alien, Not a Citizen

Posted on December 01, 2010
In U.S. v. Forey-Quintero, No. 09-15330 (Nov. 30, 2010), the Court affirmed a conviction for unlawful re-entry into the United States, in violation of 8 U.S.C. § 1326(a). The sole issue in the case was whether Forey-Quintero could not guilty of this offense because he previously had acquired derivative citizenship by virtue of his mother?s naturalization when he was under the age of 18...

Turner: Affirming 300-month sentence for child pornography possession

Posted on November 17, 2010
In U.S. v. Turner, No. 09-15074 (Nov. 17, 2010), the Court affirmed a 300-month sentence imposed on a defendant convicted of receiving child pornography, in violation of 18 U.S.C. 2252(a)(2), and possessing child pornography, in violation of 18 U.S.C...

Davis: No Authority to Issue COA

Posted on November 09, 2010
In Davis v. Terry, No. 10-14534 (Nov. 5, 2010), the Court denied a request for a certificate of appealability (COA) from a district court?s denial of a request for a COA. The Court noted the case?s procedural history: after the Court had denied an application to file a second or successive habeas petition, after the Supreme Court, exercising original habeas jurisdiction over Davis? petition in the Supreme Court, had transferred the case to district court to conduct an evidentiary hearing on Davis? claim of innocence, and after the district court held a hearing and denied relief, Davis sought a COA to appeal the district court?s ruling...

Lambrix: Denial of Application for Second or Successive Habeas Petition

Posted on October 27, 2010
In In re Lambrix, No. 10-14476 (Oct. 26, 2010), the Court denied the application of a Florida death row inmate, convicted of a murder that occurred in 1983, for leave to file a second or successive habeas corpus petition.The Court noted that the standard for a second or successive petition was a showing that facts could not have been discovered earlier, and that, but for a constitutional error, no reasonable factfinder would find the defendant guilty...

Wayerski: Child Pornography Conspiracy Conviction Duplicative

Posted on October 26, 2010
In U.S. v. Wayerski, No. 09-11379 (Oct. 26, 2010), the Court held that convictions of defendants for both engaging in a child exploitation enterprise, in violation of 18 U.S.C. § 2252A(g), and in a child pornography conspiracy, in violation of 18 U.S...

Mateos: Medicare Fraud Convictions and Sentences Affirmed

Posted on October 20, 2010
In U.S. v. Alvarez, No. 08-17178 (Oct. 19, 2010), the Court affirmed Medicare fraud convictions and sentences.The Court agreed with defendant Alvarez that the district court erred when it excluded a recorded statement made by one Medicare conspirator to Alvarez that ?there?s no fraud whatsoever here? ? a statement that indicated that Alvarez was not privy to the scheme...

Kobal: Absence of brain damage evidence did not warrant habeas relief

Posted on October 19, 2010
In Kokal v. Sec. Dep?t of Corrections, No. 08-11722 (Oct. 18, 2010), the Court denied habeas relief to a Florida inmate sentenced to death for the 1983 murder a sailor.The Court rejected Kobal?s argument that his lawyer was ineffective for failing to conduct an investigation that would have revealed Kobal?s brain damage...

Sistrunk: Entrapment is affirmative defense to felon in possession charge

Posted on October 08, 2010
In U.S. v. Sistrunk, No. 09-12798 (Oct. 7, 2010), the Court affirmed a conviction for being a felon in possession of a firearm.Citing U.S. v. Deleveaux, the Court recognized that, like the defense of justification, the defense of entrapment can be raised in a felon-in-possession case, as an affirmative defense, to negate criminal liability even though the prosecution has proven all the elements of the offense...

Sistrunk: Entrapment is affirmative defense to feloni

Posted on October 08, 2010

Gomes: FSA does not apply to pre-FSA case

Posted on October 01, 2010
In U.S. v. Gomes, No. 10-11225 (Oct. 1, 2010) (Tjoflat, Barkett, Fay), the Court held that the district court committed no error when it imposed the then-applicable statutory mandatory minimum of 120 months on a defendant convicted of trafficking in more than 50 grams of crack cocaine...

Bauder: Ineffective Misadvice on civil commitment consequences

Posted on September 14, 2010
In U.S v. Bauder, No. 10-10657 (Sept. 13, 2010), the district court affirmed the grant of habeas relief to a Florida inmate convicted of aggravated stalking. Prior to his plea, Bauder's state lawyer told him that he could not face involuntary civil commitment under Florida law...

Williams: gunshot in public housing project is basis to pull over quickly exiting vehicle

Posted on September 14, 2010
In U.S. v. Williams, No. 10-10612 (Sept. 13, 2010), the Court held that a police officer did not violate the Fourth Amendment when he pulled over the defendant?s vehicle after it quickly pulled out of a public housing project, known to be a high crime area, from which the officer had just heard a gunshot...

Darling: Denial of Certificate of Appelability

Posted on September 14, 2010
In Darling v. Sec. Dep?t of Corrections, No. 10-13408 (Sept. 14, 2010), the Court denied a certificate of appealability to a Florida death-row inmate. The Court noted that a certificate of appealability is not available to appeal a district court?s denial of habeas corpus relief unless the petitioner shows that reasonable jurists could debate the decision...

McGill: Possession of Shotgun not "Violent Felony"

Posted on September 09, 2010
In U.S. v. McGill, No. 09-14167 (Sept. 8, 2010), on a government appeal, the Court held that a defendant?s prior Florida State conviction for unlawful possession of a short-barreled shotgun did not qualify as a prior ?violent felony? for purposes of the 15-year mandatory minimum 18 U...

Rainier: Service Station Burglary Counts as Violent Felony

Posted on September 01, 2010
In U.S. v. Rainier, No. 09-14014 (Aug. 31, 2010), the Court held that a defendant?s two prior Alabama burglaries each qualified as a ?violent felony? for purposes of his sentence enhancement under the Armed Career Criminal Act (ACCA).The Court agreed with Rainier that his prior Alabama third-degree burglary was not a ?generic burglary? because Alabama defined this offense to include burglary of a vehicle, aircraft or watercraft ? whereas a generic burglary involves the burglary of a building...

Di Pietro: Immigration Marriage Law Not Void for Vagueness

Posted on August 27, 2010
In U.S. v. Di Pietro, No. 09-13726 (Aug. 27, 2010), the Court affirmed a conviction for aiding and abetting individuals to enter into marriage for the purpose of evading federal immigration laws, and rejected constitutional challenges to 8 U.S.C. § 1325(c)...

Zaldivar: Alien Smuggling Enhancement for Death on Board

Posted on August 25, 2010
In U.S. v. Zaldivar, No. 09-12035 (Aug. 24, 2010), the Court affirmed a ten-level sentence enhancement for a defendant convicted of alien smuggling, based on the death of one of the aliens.The alien died as a result of injuries sustained when the boat he was on was being chased by a Coast Coard cutter on the high seas...

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