Contact Us

Category: Appeals

Whether you went to trial or pleaded guilty, a federal criminal direct appeal remains the most important avenue for you to fight your conviction.

July 13, 2023
Second Circuit Reverses Conviction for Failure to Present Sufficient Basis of Mens Rea: Aybar

Aybar-Peguero (referred to as Aybar) pled guilty to drug trafficking and concealment money laundering. The claim was that narcotics were being sold out of a convenience store. While allocating to the concealment money laundering case, Aybar said that he knew that what he was doing was illegal. But the following exchange happened: THE COURT: I'm […]

Read More
July 7, 2023
Supreme Court Decides to Hear Acquitted Conduct Case

Many of you have been waiting to hear if McClinton v. United States would be heard by the Supreme Court. On June 30, 2023 we learned that the Supreme Court declined to grant certiorari. The White House’s website indicates the following about what certiorari is: In almost all instances, the Supreme Court does not hear […]

Read More
June 30, 2023
Tenth Circuit Corrects Court for Failing to Consider Downward Sentencing Guideline Lee

United States v. Lee, No. 21-6167 (10th Cir. 2023) Lee was charged in the state with feloniously pointing a firearm, kidnapping, sexual batter, and possession of a firearm after conviction for a felony. He pled guilty to the felon in possession charge and the state court sentenced him to 84 months. It also dismissed the […]

Read More
June 30, 2023
Second Circuit Clarifies Inevitable Discovery Doctrine: Lauria (Molina)

Moilina's Motion to Suppress Molina was tried and convicted of conspiracy to commit substantive Hobbs Act robbery and brandishing a firearm in connection with a crime of violence. Prior to trial, Molina moved to suppress evidence obtained from several warrants authorizing collection of cell-site location information (CSLI). He argued that the affidavits used to support […]

Read More
June 29, 2023
Supreme Court Makes Important Ruling for 2241 Motions and Savings Clause: Jones

The Supreme Court made an important ruling in Jones v. Hendrix. This ruling effectively ended the litigation over the Savings Clause and made circumstances more difficult for incarcerated persons where subsequent non-retroactive changes in the law may have previously made them innocent. Syllabus of Jones v. Hendrix  No. 21–857. Argued November 1, 2022—Decided June 22, 2023  […]

Read More
June 19, 2023
Supreme Court Makes Crucial Agg ID Theft Ruling: Dubin

Syllabus: United States vs. Dubin, 22-10 Petitioner David Dubin was convicted of healthcare fraud under 18 U. S. C. 1347 after he overbilled Medicaid for psychological testing performed by the company he helped manage. The question is whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 1028A(a)(1). Section 1028A(a)(1) applies when a defendant, “during […]

Read More
May 26, 2023
Tenth Circuit Vacates Sentence After Insufficient Information About Enhancement: Brooks

Brooks was charged in a two-count indictment with being a felon in possession of ammunition and a firearm. A superseding indictment was filed which charged him with one count of witness tampering. Brooks proceeded to trial and was found guilty on the possession of ammunition and witness tampering charges but acquitted of the firearm count. […]

Read More
March 24, 2023
Fourth Circuit Vacates Sentence Despite Anders Brief

United States v. Carter, No. 21-4689 (4th Cir. 2023) Carter pled guilty to bank fraud and aggravated identity theft pursuant to a plea agreement. The district court sentenced carter to 87 months imprisonment and five years of supervised release. On appeal. Carter’s counsel filed a brief pursuant to Anders v. California, stating that there were […]

Read More
March 24, 2023
Florida District Court Holds Robbery Jury Instructions too Vague, Vacates 924(c) convictions

United States v. Louis, No. 21-CR-20252 (S.D. Fla.) A district court in the Southern District of Florida granted a Louis’ motion to dismiss six 18 U.S.C. 924(c) counts based on the argument that the Eleventh Circuit’s Pattern Jury Instructions on Hobbs Act robbery is overbroad. Eleventh Circuit Jury Instruction 70.3 instructs the jury that a […]

Read More
March 10, 2023
Fifth Circuit Holds District Court's Relevant Conduct Ruling Insufficient Stubblefield

Stubblefield's Case and Sentencing Stubblefield pled guilty to conspiracy to distribute methamphetamine. At sentencing, when calculating the base offense level, the district court held Stubblefield responsible for all methamphetamine attributable to the conspiracy under U.S.S.G. 1B1.3. Stubblefield  appealed, arguing that the district court failed to make sufficient factual findings to support its relevant conduct findings. About […]

Read More
1 2 3 14

Yes, you can win. Contact us today.

Join a long list of people across the United States who've taken their cases to the Law Office of Jeremy Gordon and recieved relief for themselves or a loved one.
Schedule a Free Consultation