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Tag: appeal

The Law Office of Jeremy Gordon is an award winning federal criminal defense firm in practice since 2012. Located in the Dallas/Fort Worth area, we’ve won favorable outcomes across the country. If you or a loved one need help with a criminal case, contact our office today to discuss how we can give you the representation you deserve.
June 3, 2022
Denial of Motion to Suppress Statements Reversed by Third Circuit: Forde

Before the district court, Forde made a motion to suppress statements.  These included the physical evidence, his statement “that’s weed,” and statements made in response to officer’s questioning. The district court denied suppression in all respects. Forde appealed that decision to the Third Circuit. Forde was traveling to the Virgin Islands from the U.S. mainland. […]

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November 4, 2021
Fifth Circuit Remands Case Back to District Court for Resentencing on Gun Enhancement: Sincleair

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

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November 4, 2021
Second Circuit Dismisses Appeal Because of Partial Invocation of Plea Waiver: Borden

The Second Circuit considered and rejected a post-sentencing appeal of a sentence after allowing a 2255 motion to be filed because of United States vs. Davis.

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March 1, 2020
Fraud Sentencing Appeal Remanded by Ninth Circuit

In United States vs. Chew, the Ninth Circuit remanded a Fraud Sentence appeal to the District Court for an improper sentencing enhancement.

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October 16, 2019
Critical Power of “Categorical Approach:" Shular and Armed Career Criminal Act

A New Case Before the Supreme Court:  Shular v. United States When legal conversation touches on the 'categorical approach', there is one federal criminal sentencing statute that has garnered more attention from the United States Supreme Court this term than any other. In fact, the ACCA statute is ‘the gift that keeps on giving’ because […]

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June 25, 2019
United States vs. Davis: A Primer

While this is great news for many, I know that a lot of you have plenty of questions about Davis. I want to take this opportunity to discuss what exactly the holding in Davis means, how we got here, and what it might mean for your individual case.

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July 2, 2018
Supreme Court: Automobile Exception Does Not Apply to Curtilage

584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins vs. Virginia.   Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic infraction in two separate incidents.  In both situations, the cyclist got away from the officers. In both […]

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July 2, 2018
Supreme Court Guidance On 3582 Motions With 11C1C

The Sentencing Reform Act requires a district court to calculate and consider a defendant’s Guidelines range in every case. Hughes v. United States, No. 17–155, 584 U. S. ____ (2018)   Eric Hughes accepted a plea deal in 2013 after being accused of four charges related to drug conspiracy. He pled guilty to conspiracy to […]

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May 11, 2018
Case Vacated and Remanded for Improper Summation

In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.

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May 10, 2018
Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya

United States of America v. Jose Prisciliano Gracia-Cantu, No. 15-40227, 2018 WL 2068684 Gracia-Cantu pled guilty to being an alien unlawfully present in the United States after previously being deported. He also had a prior conviction for Assault Family Violence under Texas Penal Code 22.01(a)(1) and 22.01(b)(2). The presentence report recommended an eight level increase […]

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