appellate court Archives

July 2, 2018
Federal Appeals

SUPREME COURT HOLDS THAT AUTOMOBILE EXCEPTION DOES NOT APPLY TO CURTILAGE IN COLLINS VS. VIRGINIA

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 ...

July 2, 2018
Federal Appeals

SUPREME COURT UPHOLDS SENTENCE LENGTHS OF PETITIONERS IN KOONS V. UNITED STATES

Koons v. United States. No. 17-5716 The petitioners in Koons v. United States had committed crimes that invoked the use of the mandatory minimums, their sentences were based on these ranges. Each of them provided information to the government that ...

July 2, 2018
Federal Appeals

ROSALES-MIRELES v. UNITED STATES – CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16–9493. Argued February 21, 2018—Decided June 18, 2018 Each year, district courts sentence thousands of individuals to imprisonment for violations of federal law. To help ensure certainty and fairness in those sentences, federal district courts are required to consider ...

July 2, 2018
Federal Appeals

SIXTH CIRCUIT HOLDS THAT SURPRISING DEFENDANT BY USING INACCURATE NEWS ARTICLE AT SENTENCING WAS PLAIN ERROR

United States v. Fleming, No. 17-3954 Fleming was convicted of possessing cocaine with intent to distribute. His total offense level was 21, and his criminal history category was II. He was thought to be a career offender, but his priors ...

May 11, 2018
Federal Appeals

Circuit Vacates Conviction and Remands Case for Improper Summation Argument

In United States of America vs. Ballard, No. 17-427 CR, 2018 WL 1357392, the Second Circuit vacated and remanded a case for a new trial after the prosecutor used improper argument in their summation. Ballard was charged with trafficking minors, coercion ...

May 11, 2018
Federal Appeals

Third Circuit Vacates Sentence Based on Plain Error

In United States vs. Aminov. No. 17-1703, the Third Circuit reversed a sentence based on plain error. Aminov was sentenced in 2011 for aiding and abetting in the production of a document without lawful authority. The PSI recommended a Sentencing Guidelines ...

May 10, 2018
Federal Appeals

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 ...

May 10, 2018
Federal Appeals

Seventh Court Remands Case for Failure to Bring Defendant to Court for Plea

United States v. Bethea, Seventh Circuit, No. 17-3468, 2018 WL 1959638 Bethea was charged with using fraudulently obtained credit cards to purchase merchandise at retailers. He had a combined guilty plea and sentencing hearing. The judge was in his courtroom in ...

May 10, 2018
Federal Appeals

Eleventh Circuit Reverses for Failure to Hold Evidentiary Hearing on 2255

McCalla pled guilty to conspiracy to possess at least five kilograms of cocaine with intent to distribute. The Mandatory minimum, in that case, was ten years. His range of punishment was 136 to 168 months. He was sentenced to 126 moths ...

May 10, 2018
Federal Appeals

Tenth Circuit Reverses Drug Conviction Based on Miscalculation

The Tenth Circuit recently reversed in United States v. Dahda. Dahda was convicted on a drug conspiracy for over 1,000 kilograms or more of marijuana. On appeal, Dahda alleged seven grounds for relief, including that the district court erred in ...

May 10, 2018
Federal Appeals

Ninth Circuit Vacates Conviction Based on Constructive Amendment

In United States v. Ricky Davis, the Ninth Circuit Court of Appeals vacated and remanded a conviction for attempted sex trafficking of a minor. The defendant was accused of brining a minor to his house and discussing the possibility of ...

May 10, 2018
Federal Appeals

Fourth Circuit Announces New Savings Clause Test in United States v. Wheeler

United States v. Wheeler, __F.3d__, 2018 WL 1514418 (4th Cir. 2018) The Fourth Circuit recently handed down a very important and precedential decision on the applicability of the savings clause to the legality of a petitioner’s sentence. Appellant Gerald Wheeler ...

May 10, 2018
Federal Appeals

Eleventh Circuit Vacates Sentence So Defendant Can Get Benefit of Time Served in Federal Institution

In United States v. Jacinto-Gonzalez, 2018 WL 1378021, the Eleventh Circuit vacated a sentence in order for an inmate to be credited with the time that he spent in a federal facility. Jacinto- Gonzalez was arrested and charged with being ...

May 10, 2018
Federal Appeals

Third Circuit Vacates Sentence for Plain Error Due to Improper Sentencing Guideline Calculation

In United States v. Bell, 2018 WL 1432956, the Third Circuit vacated an improperly assigned sentence. Bell pled guilty to the offense of felon in possession of a firearm. He was enhanced at sentencing due to the ACCA and his priors. ...

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