Category: Direct Appeal

In a recent legal development, the Fifth Circuit vacated the sentence of an individual, Martinez-Hernandez, who was convicted of transporting undocumented immigrants into the United States. The case centered around two key issues: an enhancement for obstruction of justice and a denial of a reduction for acceptance of responsibility. Willful Obstruction of Justice Martinez-Hernandez received […]

United States v. Bernard, No. 21-3412 (8th Cir. 2022) Bernard was charged in a five-count indictment with multiple crimes including robbery under 18 U.S.C. 2111. Bernard was offered a plea agreement wherein she could plead guilty to the one count of robbery in exchange for dismissal of the remaining four charges. Consistent with the plea […]

In United States v. Lupe Mercado, the Ninth Circuit reversed and vacated the accessory after VICAR murder conviction of Lupe Mercado. The Ninth Circuit held that there was no evidence presented that the underlying murder was committed for any reason related to a racketeering activity. QUICK BREAKDOWN: Mercado hires hitmen to kill man pimping her […]

You only get one conviction even if the defendant is prohibited from having a gun for two separate reasons under 922(g).

The Third Circuit Held that incohate crimes such as attempt and conspiracy did not count as career offender predicates.

The Fifth Circuit vacated a sentence based on a gun enhancement that was not clearly explained by the district court.

The Seventh Circuit determined that there was no factual basis for the production plea because of the lack of actions taken by the minor in the video.

The First Circuit Indicated that there was not enough evidence to uphold a ruling that Patch had more involvement in the drug scheme.

All, the 6th Circuit’s decision on Ewing gives a good explanation on Substantive Unreasonableness. This may be important to you if your case is on federal criminal appeal. The Procedural History Ewing was indicted in the Eastern District of Kentucky for distributing a mixture or substance containing heroin and fentanyl. It was alleged that this […]