US v. Catalan, No. 06-5259
A conviction for conspiracy to possess with intent to distribute cocaine and for the underlying possession is affirmed over a claim of insufficient evidence, but the sentence is vacated where the district court erred in imposing a condition of supervised release tolling the term of release while defendant is outside the United States.
Showing posts with label district court. Show all posts
Showing posts with label district court. Show all posts
Wednesday, August 22, 2007
Tuesday, July 24, 2007
district court applied a rebuttable presumption that defendant
US v. Wilms, No. 06-1896
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
Friday, July 13, 2007
trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA)
US v. Collier, No. 06-1395
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
government breached its duty under defendant's plea agreement
US v. VanDam, No. 06-4104
A sentence for a drug trafficking offense is vacated and remanded where: 1) the government breached its duty under defendant's plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the sentencing guidelines; 2) under applicable precedent, it was inappropriate to apply a harmless-error analysis; and 3) defendant was entitled to specific performance before the same judge. Read more
A sentence for a drug trafficking offense is vacated and remanded where: 1) the government breached its duty under defendant's plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the sentencing guidelines; 2) under applicable precedent, it was inappropriate to apply a harmless-error analysis; and 3) defendant was entitled to specific performance before the same judge. Read more
possession of stolen mail is vacated and remanded
US v. Ikechukwu, No. 06-11239
A sentence for possession of stolen mail is vacated and remanded where, although defendant was a courier who regularly transported pieces of United States mail, he was not an employee of the United States Postal Service for purposes of a sentence enhancement under the guidelines
A sentence for possession of stolen mail is vacated and remanded where, although defendant was a courier who regularly transported pieces of United States mail, he was not an employee of the United States Postal Service for purposes of a sentence enhancement under the guidelines
Friday, June 29, 2007
Attorney failed to file appeal as instructed
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING
US v. Poindexter, No. 05-7635, 05-7636
Denial of motion to vacate sentence under 28 U.S.C. section 2255 is vacated and remanded as an attorney renders constitutionally ineffective assistance of counsel if he fails to follow his client's unequivocal instruction to file a timely notice of appeal, even though the defendant may have waived his right to challenge his conviction and sentence in the plea agreement
US v. Poindexter, No. 05-7635, 05-7636
Denial of motion to vacate sentence under 28 U.S.C. section 2255 is vacated and remanded as an attorney renders constitutionally ineffective assistance of counsel if he fails to follow his client's unequivocal instruction to file a timely notice of appeal, even though the defendant may have waived his right to challenge his conviction and sentence in the plea agreement
Thursday, June 28, 2007
US v. Spear, No. 06-1296
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement
Monday, June 25, 2007
Defendant-Sheriff Conviction reversed on jury instruction error
US v. Holly, No. 05-7130
Defendant-sheriff's convictions for offenses, including counts of felony deprivation of rights under color of law involving aggravated sexual abuse, are reversed in part as to four felony deprivation of rights counts where the district court erroneously instructed the jury on the definition of aggravated sexual abuse as: 1) the district court used language suggesting the victim need only be placed in fear of "some bodily harm", impermissibly reducing the degree of fear necessary to sustain a conviction; and 2) the error was not harmless as to four counts.
Defendant-sheriff's convictions for offenses, including counts of felony deprivation of rights under color of law involving aggravated sexual abuse, are reversed in part as to four felony deprivation of rights counts where the district court erroneously instructed the jury on the definition of aggravated sexual abuse as: 1) the district court used language suggesting the victim need only be placed in fear of "some bodily harm", impermissibly reducing the degree of fear necessary to sustain a conviction; and 2) the error was not harmless as to four counts.
District Court failed to explain sentence
US v. Walters, No. 05-51634
A discharged Air Force airman's 982 month sentence for the use of a destructive device in a crime of violence and related offenses is vacated and remanded where the district court did not give adequate explanation justifying a non-Guideline 60 year sentence
A discharged Air Force airman's 982 month sentence for the use of a destructive device in a crime of violence and related offenses is vacated and remanded where the district court did not give adequate explanation justifying a non-Guideline 60 year sentence
Thursday, June 21, 2007
Distribution of cocaine is vacated
US v. Garner, No. 05-4215, 05-4337
A sentence for conspiracy to distribute cocaine is vacated and remanded where the district court erred in sentencing defendant to a term of 96 months of imprisonment as the jury's findings, together with a sentencing enhancement for a prior felony drug conviction filed by the government prior to defendant's trial, required imposition of at least a mandatory minimum sentence of 120 months of imprisonment
A sentence for conspiracy to distribute cocaine is vacated and remanded where the district court erred in sentencing defendant to a term of 96 months of imprisonment as the jury's findings, together with a sentencing enhancement for a prior felony drug conviction filed by the government prior to defendant's trial, required imposition of at least a mandatory minimum sentence of 120 months of imprisonment
unlawful possession of a firearm by a felon is vacated
US v. Littlejohn, No. 05-3081
Conviction for unlawful possession of a firearm by a felon is vacated where the district court’s use of compound voir dire questions deprived defendant of his Sixth Amendment right to an impartial jury.
Conviction for unlawful possession of a firearm by a felon is vacated where the district court’s use of compound voir dire questions deprived defendant of his Sixth Amendment right to an impartial jury.
Monday, June 18, 2007
Speedy trial Violation Pro-se Disbarred Attorney
US v. Stephens, No. 04-30185, 05-30668
Defendant's convictions and sentence for various charges arising out of a string of armed bank robberies in Louisiana are reversed and vacated, respectively, where neither a codefendant's guilty plea nor defendant's own severance motion rendered a particular 7 week-period excludable from the speedy trial clock, and thus, the Speedy Trial Act was violated
Defendant's convictions and sentence for various charges arising out of a string of armed bank robberies in Louisiana are reversed and vacated, respectively, where neither a codefendant's guilty plea nor defendant's own severance motion rendered a particular 7 week-period excludable from the speedy trial clock, and thus, the Speedy Trial Act was violated
Pro-se habeas winner
Ogle v. Johnson, No. 06-11074
Dismissal of federal habeas petition is reversed where a pro se petitioner fairly presents his claim to a state habeas court when he makes a bare allegation of ineffective assistance of appellate counsel in his state habeas petition and then describes in briefs and testimony in later proceedings several instances of alleged ineffective assistance
Dismissal of federal habeas petition is reversed where a pro se petitioner fairly presents his claim to a state habeas court when he makes a bare allegation of ineffective assistance of appellate counsel in his state habeas petition and then describes in briefs and testimony in later proceedings several instances of alleged ineffective assistance
Tuesday, June 12, 2007
district court erred in failing to state its specific findings
US v. Bearam, No. 05-2823
Conviction and sentence for conspiring to distribute cocaine base, operating a business that distributed controlled substances, and distributing and possessing with intent to distribute controlled substances are affirmed except as to sentence which is remanded for resentencing where the district court erred in failing to state its specific findings regarding the amount of narcotics for which defendant is responsible and defendant's role in the offense
Conviction and sentence for conspiring to distribute cocaine base, operating a business that distributed controlled substances, and distributing and possessing with intent to distribute controlled substances are affirmed except as to sentence which is remanded for resentencing where the district court erred in failing to state its specific findings regarding the amount of narcotics for which defendant is responsible and defendant's role in the offense
CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS
Fry v. Pliler, No. 06-5247
In 28 U.S.C. section 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error in a state-court criminal trial under Brecht's "substantial and injurious effect" standard, whether or not the state appellate court recognized the error and reviewed it for harmlessness under the "harmless beyond a reasonable doubt" standard set forth in Chapman v. California, 386 U.S. 18, 24
In 28 U.S.C. section 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error in a state-court criminal trial under Brecht's "substantial and injurious effect" standard, whether or not the state appellate court recognized the error and reviewed it for harmlessness under the "harmless beyond a reasonable doubt" standard set forth in Chapman v. California, 386 U.S. 18, 24
Wednesday, June 06, 2007
Special conditions, which a district court imposed on defendant's lifetime term of supervised release after he pled guilty to possessing child pornogr
US v. Voelker, No. 05-2858
Special conditions, which a district court imposed on defendant's lifetime term of supervised release after he pled guilty to possessing child pornography, are vacated and remanded where: 1) an absolute lifetime ban on using computers and computer equipment as well as accessing the internet, with no exception for employment or education, involved a greater deprivation of liberty than was reasonably necessary, and was not reasonably related to the applicable statutory factors; 2) a lifetime ban on possessing "sexually explicit materials" was overly broad and unsupported by the district court's analysis; and 3) although a restriction on defendant's associating with children, including his own, may have been supported, the district court improperly delegated absolute authority to a probation office over such restrictions.
Special conditions, which a district court imposed on defendant's lifetime term of supervised release after he pled guilty to possessing child pornography, are vacated and remanded where: 1) an absolute lifetime ban on using computers and computer equipment as well as accessing the internet, with no exception for employment or education, involved a greater deprivation of liberty than was reasonably necessary, and was not reasonably related to the applicable statutory factors; 2) a lifetime ban on possessing "sexually explicit materials" was overly broad and unsupported by the district court's analysis; and 3) although a restriction on defendant's associating with children, including his own, may have been supported, the district court improperly delegated absolute authority to a probation office over such restrictions.
court impermissibly and prejudicially participated in plea negotiations with defendant
US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.
conspiring to deal in and transport firearms is vacated
US v. Cavera, No. 05-4591
Sentence based on guilty plea to conspiring to deal in and transport firearms is vacated where the district court's reliance on community-specific characteristics, such as population density, to impose a non-Guidelines sentence constituted legal error and rendered defendant's sentence unreasonable
Sentence based on guilty plea to conspiring to deal in and transport firearms is vacated where the district court's reliance on community-specific characteristics, such as population density, to impose a non-Guidelines sentence constituted legal error and rendered defendant's sentence unreasonable
Monday, June 04, 2007
indictment did not allege a scheme to defraud anyone of money or property
US v. Ratcliff, No. 05-30666
In a prosecution for mail fraud based on alleged activities involving election fraud in Louisiana, dismissal of mail fraud counts based on a conclusion that the indictment did not allege a scheme to defraud anyone of money or property, thereby failing to state the offense of mail fraud under 18 U.S.C. section 1341, is affirmed over the government's claim that a scheme to obtain the salary and employment benefits of elected office through election fraud satisfies the requirements of the mail fraud statute.
In a prosecution for mail fraud based on alleged activities involving election fraud in Louisiana, dismissal of mail fraud counts based on a conclusion that the indictment did not allege a scheme to defraud anyone of money or property, thereby failing to state the offense of mail fraud under 18 U.S.C. section 1341, is affirmed over the government's claim that a scheme to obtain the salary and employment benefits of elected office through election fraud satisfies the requirements of the mail fraud statute.
Friday, June 01, 2007
one count of bank fraud is reversed
U.S. V. RIGAS
(U.S. 2nd Circuit, May 24, 2007) - In the high-profile case charging former owners of Adelphia Communications, Timothy and John Rigas, with securities fraud conspiracy, one count of bank fraud is reversed. Their convictions and sentences, however, are affirmed. These include convictions for: 1) conspiracies to commit securities fraud, to make and cause to be made false statements in filings with the SEC, and to commit bank fraud; 2) securities fraud; and 3) bank fraud.
(U.S. 2nd Circuit, May 24, 2007) - In the high-profile case charging former owners of Adelphia Communications, Timothy and John Rigas, with securities fraud conspiracy, one count of bank fraud is reversed. Their convictions and sentences, however, are affirmed. These include convictions for: 1) conspiracies to commit securities fraud, to make and cause to be made false statements in filings with the SEC, and to commit bank fraud; 2) securities fraud; and 3) bank fraud.
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