Category: Appeals

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 […]

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 […]

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 […]

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 […]

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  […]

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 […]

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. […]

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 […]

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 […]

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 […]