Category: Appeals

Hamman was charged with conspiracy with intent to possess meth and conspiracy to distribute meth.  His indictment also alleged two serious drug felonies for purposes of the career offender enhancement. He went to trial on the conspiracy charge.  During opening arguments, the prosecutor stated that the police saw Hamann sitting outside with a co-defendant and […]

FACTS:  Courtroom closed, Audio Stream Only Allen was found sitting in what appeared to be a stolen vehicle.  A loaded rifle was also found in the vehicle.  He was eventually charged with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g). In September of 2020, when […]

FACTS:  Felon in Possession case with Enhancement for Prior Crime of Violence Abreu pled guilty to felon in possession of a weapon.  In preparing his guidelines the probation department stated that USSG 2k2.1(a)(4) applied.  That thing sets a base offense level of 20 if: the defendant committed any part of the instant offense subsequent to […]

Pierre was a suspected courier for a drug conspiracy.  The agents saw Pierre throw two bags of cocaine into a co-conspirator’s car.  He was later indicted for conspiring to traffic 280 grams or more of cocaine base and distributing 28 or more grams of cocaine base.   The parties came to a plea agreement: Under it, […]

Facts: Felon in Possession, Judge does not ask for objections before carrying out sentence. Mosely was involved in a foot and car chase with police. During the chase he drove through stop signs and almost crashed into other cars. While running, he hid a gun under a trailer near a house. He was arrested near […]

In Blessett, the Ninth Circuit reversed a conviction because of a constructive amendment between the indictment and the jury charge. Facts:  CP case, possible Constructive Indictment Blessett was arrested and a search warrant was executed on his items.  Officers found a laptop, two tablets and five phones.  There were 2009 images and 57 videos of […]

On March 7, 2022, the U.S. Supreme Court issued a decision in Wooden v. United States, case number 20-5279 (2022). At issue in the Wooden case was how to interpret a particular phrase in the ACCA penalty clause found at 18 U.S.C. 924(e). Thankfully, the U.S. Supreme Court issued a good decision today. We are […]

FACTS:  Warrantless search of bag possessed by person who was handcuffed and face-down on the ground Buster was believed to be a suspect in a domestic assault.  After refusing a consensual encounter with the officers Buster “took off running,” tripped and fell.  He was wearing a “single strap bag that goes across your body” and […]

Facts: Toki's (and Maumau's) Well-Tread waters Toki, Maumau and Kamahele were found guilty of several offenses including convictions based on VICAR offenses (remember that VICAR is engaging in crimes like murder, kidnapping, assault and threats that are for the purpose of furthering an illegal enterprise such as a gang) as well as 924(c) offenses. The […]

Facts:  Shooting Death, Fingers Pointed, Transcripts Used In the Bronx there was a fight and then later a shooting.  A stray bullet shot from a 9-millimeter handgun (this is important) struck a two-year old kid.  A witness said that Morris was the shooter.  The witness came back to the station and said that Hemphill was […]