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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

Johnson: Counsel not ineffective in failing to call prison expert

Posted on August 24, 2010
In Johnson v. Upton, No. 09-16090 (Aug. 23, 2010), the Court affirmed the denial of habeas relief to a Georgia inmate sentenced to death for a 1994 murder.The Court rejected the claim that counsel was ineffective for failing to call a penological expert who would have testified, at the penalty phase of Johnson?s trial, that, statistically inmates who serve long prison sentences (instead of being sentenced to death) do not present a future danger because of their tendency to adjust to prison life...

Bellizia: Ineffective Counsel for Failing to argue heroin was not weighed

Posted on August 23, 2010
In Bellizia v. Dep?t of Corrections, No. 09-13838 (Aug. 20, 2010), the Court affirmed the grant of habeas relief to a Florida inmate because his defense counsel was constitutionally ineffective in failing to challenge the State?s failure to weigh each of the pellets of heroin found on Bellizia...

Chirino-Alvarez: Alien Smuggler Participated Throughout

Posted on August 23, 2010
In U.S. v. Chirino-Alvarez, No. 09-11317 (Aug. 23, 2010), the Court rejected sufficiency of the evidence challenges to alien-smuggling convictions.Citing the Ninth Circuit?s en banc decision in U.S. v. Lopez, the Court recognized that the evidence would be insufficient if Chirino-Alvarez? participation in the alien-smuggling scheme occurred only after the aliens arrived in the United States...

Kottwitz: Good Faith Reliance Instruction Should Have Been Given

Posted on August 20, 2010
In U.S. v. Kottwitz, No 08-13740 (Aug. 19, 2010), the Court held that the evidence was insufficient to sustain some tax fraud charges, and that a new trial was required on others because the district court denied a special instruction regarding the defendants? good faith reliance on their accountant?s advice...

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Newman: Taking Child to Yemen Not "Otherwise Extensive" Offense

Posted on August 17, 2010
In U.S. v. Newman, No. 09-14557 (Aug. 17, 2010), the Court affirmed the imposition of a sentence enhancement under USSG � 2J1.2(b)(2) for ?substantial interference with the administration of justice.? Newman was convicted of removing his child outside the United States with the intent to obstruct the other parent?s lawful exercise of parental rights...

Villarreal: 10-year delay not speedy trial violation

Posted on August 16, 2010
In U.S. v. Villarreal, No. 09-11348 (Aug. 13, 2009), the Court rejected a constitutional speedy trial right challenge to an indictment, and affirmed a 328-month sentence on a defendant convicted of trafficking in more than 10,000 kilograms of marijuana...

Jackson: 3582(c)(2) does not encompass safety-valve

Posted on August 09, 2010
In U.S. v. Jackson, No. 08-13645 (Aug. 9, 2010), the Court held that a defendant cannot obtain a safety-valve sentence reduction at a resentencing under 18 U.S.C. � 3582(c)(2).The Court noted that the safety-valve statute references findings ?at sentencing...

Epps: Pillowcase not protected by Fourth Amendment

Posted on August 09, 2010
In U.S. v. Epps, No. 09-12285 (Aug. 6, 2010), the Court rejected a Fourth Amendment challenge to the police?s seizure of the contents of a pillow case.The defendant was running away after a bank robbery, pointing a gun toward the police. A police officer in a police car stopped him by hitting him with the front of his patrol car...

Epps: No Fourth Amendment Protection for I

Posted on August 09, 2010

Mills: Mandatory Minimum Crack Offenders Not Eligible for Crack Amendment Reductions

Posted on August 05, 2010
In U.S. v. Mills, No. 08-11760 (Aug. 5, 2010), the Court rejected the argument that defendants convicted of a crack cocaine offense who were originally subject to mandatory minimum sentences, but received substantial assistance sentence reductions below the mandatory minimums, could, in a proceeding for reduction of sentence under 18 U...

Irey: En Banc reversal of child molester sentence

Posted on August 02, 2010
In U.S. v. Irey, No. 08-10997 (July 29, 2010) (en banc), the Court reversed as substantively unreasonable a sentence of 210 months, below the Guidelines advisory sentence (and statutory maximum) of 360 months, because the district court failed to adequately punish a sex offender convicted of coercing minors to engage in sexually explicit conduct outside the United States, in violation of 18 U...

Tome: One-year internet ban affirmed

Posted on July 27, 2010
In U.S. v. Tome, No. 09-16486 (July 27, 2010), on review of a revocation of supervised release, the Court upheld the imposition of a 24-month sentence and a one-year internet ban as a condition of additional supervised release.The defendant, after admitting to possession of computer disks containing over 100,000 images of child pornography and being convicted of possessing child pornography, was released on supervised release...

Belfast: Charles Taylor's son convictions affirmed

Posted on July 21, 2010
In U.S. v. Belfast, No. 09-10461 (July 15, 2010), in an 87-page opinion, the Court affirmed the torture convictions and 1,164-month sentence of the son of former Liberian President Charles Taylor.The Court rejected the argument that the torture statute, 18 U...

Hall: Teenager's Confession Not Coerced

Posted on July 21, 2010
In Hall v. Thomas, No. 09-12729 (July 20, 2010), the Court denied habeas relief to an Alabama inmate sentenced to life imprisonment for robbery and kidnaping.The Court found that Hall, a juvenile, gave a voluntary confession. The Court recognized that Hall?s father was not present when his son was questioned by police, and that Hall claimed his confession was coerced, but noted that Hall?s audiotaped statement showed that he waived his Miranda rights, and indicated no coercion...

Snipes: Tax Evasion Convictions and Sentence Affirmed

Posted on July 20, 2010
In U.S. v. Snipes, No. 08-12402 (July 16, 2010), the Court affirmed tax evasion convictions and a three-year sentence.The district court?s denied a venue transfer motion pursuant to 18 U.S.C. � 3237(b), because the motion was filed after this statute?s 20-day deadline...

Allen: Defendant Can Blame Counsel for His Own Litigation Decision

Posted on July 15, 2010
In Allen v. Sec. Fla. Dep?t of Corrections, No. 09-13217 (July 14, 2010), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1991 murder.The Court rejected Allen?s argument that the Florida state courts incorrectly failed to consider the errors in his trial cumulatively...

Walker: No Clearly Established Crawford Rights In Civil Commitments

Posted on July 14, 2010
In Walker v. Hadi, No. 09-15701 (June 4, 2010), the Court held that, in a habeas proceeding challenging a Florida civil commitment order classifying Walker as a sexually violent predator, Walker could not show error based on the violation of his right to cross- examine witnesses, under Crawford v...

Fontenot: Government Need Only Prove Federal Investigative Jurisdiction

Posted on July 14, 2010
In U.S. v. Fontenot, No. 08-12266 (July 13, 2010), the Court, on plain error review, held that it was not erroneous, in a prosecution for making a false entry in a document with the intent to impede an investigation within the jurisdiction of a United States agency, in violation of 18 U...

Thompson: Manifest Injustice Standard applies to nonpreserved sufficiency challenge

Posted on July 09, 2010
In U.S. v. Thompson, No. 08-13658 (July 8, 2010), the Court rejected sufficiency of the evidence challenges to multiple convictions of robberies and for using firearms in the course of those offenses.The Court noted that because, as to certain counts, the defendant failed to move at the close of the government?s case for judgments of acquittal, on appeal the challenge to the sufficiency of the evidence supporting the convictions on those counts was not reviewed de novo, but only for ?manifest miscarriage of justice...

Marshall: Jury Override Not Arbitrary

Posted on June 29, 2010
In Marshall v. Sec., Dep?t of Corrections, No. 09-15419 (June 28, 2010), the Court denied habeas relief to a Florida death-row inmate convicted of a 1988 murder.Marshall argued that when the Florida trial court overrode the jury?s recommendation of a life sentence, and sentenced him to death, it violated Florida?s rule limiting such overrides to cases where it was clear that virtually no reasonable person could differ...

Garcia-Cordero: "Bring and Present" Requirement does not violate Privilege

Posted on June 29, 2010
In U.S. v. Garcia-Cordero, No. 09-10292 (June 29, 2010), the Court held that 8 U.S.C. � 1324(a)(2)(B)(iii), which imposes a duty on individuals transporting international passengers to ?bring and present? those passengers to appropriate immigration officers at a designated point of entry immediately upon arrival into the country, does not violate a defendant?s privilege against self-incrimination...

Rothenberg: Online chats are basis for sentence enhancements

Posted on June 29, 2010
In U.S. v. Rothenberg, No. 08-17106 (June 29, 2010), the Court affirmed the sentence of a defendant who pled guilty to using a computer to induce an individual under 18 to engage in criminal sexual activity, and to possessing child pornography.The defendant argued that online chats in which he discussed with adults possible sexual acts with minors should not have been the basis for a sentence enhancement under the Guidelines...

Vining: Judge's Consultation of Extra-Record Evidence Not Prejudicial

Posted on June 29, 2010
In Vining v. Sec. Dep?t of Corrections, No. 07-15681 (June 28, 2010), the Court denied habeas relief to a Florida inmate sentenced to death for a 1987 murder.The Court rejected Vining?s argument that he was denied a fair trial because the state trial court considered extra-record information...

Suggs: No Prejudice in Failure to Present Mental Deficit History

Posted on June 28, 2010
In Suggs v. McNeil, No. 09-12718 (June 24, 2010), the Court affirmed the denial of habeas relief to a Florida inmate sentenced to death for a 1990 murder.The Court rejected the argument that the Florida Supreme Court unreasonably applied the prejudice prong of Strickland when it determined that counsel?s failure at the penalty phase to adequately present a defense based on Suggs? mental health did not prejudice the outcome...

Huff: Double-Recovery Victim Windfall Not Proper in Restitution

Posted on June 28, 2010
In U.S. v. Huff, No. 08-16272 (June 25, 2010), the Court rejected the argument that the government proved multiple hub-and-spoke conspiracies, not a single conspiracy, but vacated a restitution order.Rejecting Huff?s conspiracy argument, the Court noted that the evidence showed that the defendants interacted with one another and with their co-conspirators...

Alexander: Firing Firearm from Vehicle is "Crime of Violence"

Posted on June 28, 2010
In U.S. v. Alexander, No. 08-17062 (June 25, 2010), the Court held that a prior conviction under Fla. Stat. � 790.15(2) fo discharging a firearm from a vehicle within 1,000 feet of another person qualified as a crime of violence under the career offender provisions of the Sentencing Guidelines...

DeYoung: No Habeas relief for 1993 murders

Posted on June 28, 2010
In DeYoung v. Schofield, (09-10964), the Court affirmed the denial of habeas relief to a Georgia death-row inmate for the 1993 murder of his parents and sister.The Court rejected the argument that DeYoung?s counsel was deficient in failing to investigate his personal history, noting counsel?s investigation of potential witnesses...

Williams: Florida Battery does not Qualify for Career Offender

Posted on June 23, 2010
In U.S. v. Williams, No. 08-10184 (June 22, 2010), on remand from the United States Supreme Court in light of Johnson v. U.S., 130 S.Ct. 1265 (2010), the Court held that a prior Florida State conviction for battery on a law enforcement officer did not qualify as a crime of violence for career offender sentencing purposes...

Gilbert: Career Offender Status Can be a Non-existent offense

Posted on June 23, 2010
In Gilbert v. U.S., No. 09-12513 (June 21, 2010), the Court held that even though a defendant had filed a prior � 2255 challenge to career offender sentencing status, he was entitled to habeas relief based on his claim that his prior conviction for carrying a concealed weapon was no longer an offense that would qualify as a crime of violence, and that he therefore was wrongfully sentenced as a career offender...

Lall: Defendant's Statements Involuntary: Suppressed

Posted on June 01, 2010
In U.S. v. Lall, No. 09-10794 (May 28, 2010), the Court held that a defendant did not make a voluntary waiver of his Miranda rights, and that his statements were involuntary. Because the government?s uses at trial of the statements and of the evidence derived from the statements were not harmless, the Court reversed the defendant?s conviction...

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