Category: Appeals

Intended loss not applicable affirmed by Third Circuit in case of Xue's conviction. Scientist Convicted of Scheme to Steal Trade Secrets Xue was a scientist employed by pharmaceutical company GlaxoSmithKline (“GSK”). In 2016, a federal grand jury charged Xue and others with engaging in a scheme to steal trade secrets from GSK. Xue pled guilty […]

In Goliday, the Seventh Circuit vacated the guilty plea because of Rule 11 violations. United States v. Goliday, No. 21-1326 (7th Cir. 2022) History of Goliday's Case Goliday was charged in a superseding indictment with three counts of possession with intent to distribute fentanyl, methamphetamine, and cocaine base, in violation of 21 U.S.C. 841(a)(1). He […]

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

In Shaw, the Seventh Circuit held that a sentence that was in order to promote rehabilitation was improper. Shaw's Underlying Crime and Supervised Release Troubles Shaw pled guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A), and being a felon in possession of a firearm, in violation of […]

United States v. Morris, No. 18-6926 (4th Cir. 2022) District Refuses Modification of Supervised Release Morris pled guilty to two child pornography offenses and was sentenced to sixty months imprisonment.  This was to be followed by a term of ten years of supervised release.  Four years into his sentence, Morris moved to modify eight conditions […]

  When the Court rejected the plea agreement, the government was not allowed to withdraw a lesser charge in the Sixth Circuit. United States vs. Bell, No. 21-5008 (6th Cir. 2022). Bell and Plea Agreement In August 2018, a federal grand jury returned a two-count indictment which charged Bell with distribution of a controlled substance resulting […]

This case present a general scienter provision of knowingly or intentionally dispensing controlled substances as authorized. Xiulu Ruan v. United States  Ruan's Supreme Court Syllabus Petitioners Xiulu Ruan and Shakeel Kahn are medical doctors licensed to prescribe controlled substances. Each was tried for violating 21 U.S.C. 841, which makes it a federal crime, “[e]xcept as […]

On Monday, the Supreme Court issued their ruling in Concepcion vs. United States, No. 20-1650.  Concepcion holds that the First Step Act allows district courts to consider intervening changes in law when resentencing a defendant. Syllabus of Concepcion Congress passed the Fair Sentencing Act of 2010 to correct the wide disparity between crack and powder cocaine sentencing. […]

Vargas argued that an inchoate offense such as conspiracy does not qualify as a “controlled substance offense” as defined by the Guidelines. Vargas' Argument in District and Fifth Circuit Court Vargas pled guilty to conspiracy to possess with intent to distribute cocaine. The probation officer determined that Vargas was a career offender under U.S.S.G. 4B1.1(a) […]

Prosecutor’s closing statement and cumulative error used to vacate and remand in the Tenth Circuit in Starks case. Trial and Conviction Starks was convicted for possession with intent to distribute fentanyl and heroin. In an unusual manner, the district court decided it would give the bulk its jury instructions before the evidence was heard. At […]