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.
Showing posts with label violation. Show all posts
Showing posts with label violation. Show all posts
Tuesday, July 17, 2007
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
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.
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
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.
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
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