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Tag: federal 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 6, 2019
Is a Federal Criminal Appeal An Opportunity for a Retrial?

A main misconception is that a federal criminal appeal is an opportunity to re-address or re-open the facts that were presented at trial.

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July 2, 2018
Plain Error Found by 6th Circuit Regarding Fake News

6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.

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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
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 Madison, WI. Bethea was in Milwaukee because of his health issues and limited mobility. The […]

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May 10, 2018
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 and the court found that a sentence below the advisory guideline range would be sufficient […]

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May 10, 2018
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 the minor making money by going on dates, taking photos and assisting her in getting […]

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May 10, 2018
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 was charged in the United States District Court for the Western District of North Carolina […]

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May 10, 2018
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 in the United States after being previously deported. He pled guilty on June 23 and […]

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May 10, 2018
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. Bell’s first ground for appeal, that his priors did not meet the standard for the […]

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