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.
Showing posts with label ussg. Show all posts
Showing posts with label ussg. Show all posts
Tuesday, July 24, 2007
Tuesday, July 17, 2007
ACCA Error
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.
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.
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
Procedural Bar?
Kuenzel v. Allen, No. 06-11986
Denial of habeas petition is vacated and remanded where the district court has not addressed the issue of whether petitioner has satisfied the exceptions to the procedural bar announced in Siebert v. Allen, 455 F.3d 1269 (11th Cir. 2006), and where the district court erred in holding that the intervening authority of Pace v. DiGuigliemo, 125 S. Ct. 1807 (2005), effectively overruled the decision in Siebert
Denial of habeas petition is vacated and remanded where the district court has not addressed the issue of whether petitioner has satisfied the exceptions to the procedural bar announced in Siebert v. Allen, 455 F.3d 1269 (11th Cir. 2006), and where the district court erred in holding that the intervening authority of Pace v. DiGuigliemo, 125 S. Ct. 1807 (2005), effectively overruled the decision in Siebert
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
preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provide
Warshak v. US, No. 06-4092
A preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provider in the name of any resident of the Southern District of Ohio without providing the relevant account holder or subscriber prior notice and an opportunity to be heard on any complaint, motion, or other pleading seeking issuance of such an order" is affirmed, with slight modification, where the district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails, and the injunctive relief it crafted was largely appropriate.
A preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provider in the name of any resident of the Southern District of Ohio without providing the relevant account holder or subscriber prior notice and an opportunity to be heard on any complaint, motion, or other pleading seeking issuance of such an order" is affirmed, with slight modification, where the district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails, and the injunctive relief it crafted was largely appropriate.
unlawful possession of a firearm by a convicted felon are reversed
US v. Sumlin, No. 05-51720
A conviction and sentence imposed on defendant for unlawful possession of a firearm by a convicted felon are reversed and remanded where the district court erred in admitting the testimony of the arresting officer regarding the unproven extrinsic bad act by defendant of transporting drugs, and the error was not harmless.
A conviction and sentence imposed on defendant for unlawful possession of a firearm by a convicted felon are reversed and remanded where the district court erred in admitting the testimony of the arresting officer regarding the unproven extrinsic bad act by defendant of transporting drugs, and the error was not harmless.
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
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
Tuesday, May 22, 2007
district court failed to give an adequate explanation of its reasons
US v. Sindima, No. 06-2245
Conviction and sentence to probation based on guilty plea to federal mail fraud charges, with probation later being violated by new crimes resulting in a prison sentence 26 months above the high end of the advisory Guidelines range, are remanded where the district court failed to give an adequate explanation of its reasons for the length of the sentence.
Conviction and sentence to probation based on guilty plea to federal mail fraud charges, with probation later being violated by new crimes resulting in a prison sentence 26 months above the high end of the advisory Guidelines range, are remanded where the district court failed to give an adequate explanation of its reasons for the length of the sentence.
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