July 22, 2013

Short Wins

It's been a busy week in the federal circuits - lots of good wins to check out.

Also, while I'm shamelessly pimping, please check out an article I wrote for the National Law Journal here about DOJ prosecutions, pleas, and why the law ought to be clearer.

To the victories!

1155650_berlin_siegessule.jpg1.United States v. Adams, et. al, Sixth Circuit: Appellants were convicted office RICO and related offenses arising out of their alleged participation in a vote-buying scheme in Kentucky. Because of cumulative error from the district court's evidentiary rulings, including the admission of an Inside Edition video, evidence of witness intimidation, the use of an inaccurate transcript, and state election records, among other evidence, appellants' convictions on all counts were vacated and the case remanded for a new trial.

2. United States v. Botello-Rosales, Ninth Circuit: Appellant pled guilty to drug and firearm charges after his motion to suppress statements he made to police after his arrest was denied. Because the Spanish-language warning administered to appellant failed to reasonably convey to appellant his Miranda rights, the district court erred in denying the motion to suppress. As a result, the district court's order denying the motion was reversed, appellant's conviction vacated, and the case remanded for further proceedings.

3. United States v. Daniels, et. al, Fifth Circuit: Appellants were convicted of conspiring to distribute more than five kilograms of cocaine. Because there was insufficient evidence to support the finding as to the quantity of drugs, the court reversed as to that finding only, vacating appellants' sentences and remanding for the district court to resentence appellants for the drug conspiracy pursuant to a statutory provision associated with a lesser quantity of drugs.

4. United States v. Garcia, Ninth Circuit: Appellant was convicted of involuntary manslaughter. The involuntary manslaughter jury instruction was defective because it failed to tell the jury that "gross negligence" was required for a conviction. Because the jury wasn't properly instructed, appellant's conviction was reversed.

5. United States v. Lanning, Fourth Circuit: Appellant was convicted of disorderly conduct arising out of his brief touching of an officer's fully-clothed crotch, which was done in response to a police officer in a sting operation's deliberate attempt to convince appellant he would have sex with him. Because no rational trier of fact could have found beyond a reasonable doubt that appellant's actions were "physically threatening or menacing" or "likely to inflict injury or incite an immediate breach of the peace," and because the term "obscene" was unconstitutionally vague as applied to appellant, appellant's conviction was reversed and the case remanded for a judgment of acquittal.

6. United States v. Perez-Valencia, Ninth Circuit: Appellant pled guilty to conspiring to distribute methamphetamine after the court denied his motion to suppress evidence obtained by a wiretap. The wiretap application was filed by an assistant district attorney. Because the record was insufficient to determine the precise nature of the attorney's authority when he applied for the wiretap, the case was remanded to develop the factual record. Further, on remand, if the court determines that the attorney lacked the authority to apply for the wiretap, it was instructed to consider whether the evidence subject to the motion to suppress is so attenuated from the statutory violation that it need not be excluded.

About This Blog

The Federal Criminal Appeals Blog is published by Kaiser, LeGrand & Dillon PLLC in Washington, DC. Kaiser, LeGrand & Dillon PLLC represent people who have been charged with federal crimes, are under federal investigation, or have a federal criminal appeal.

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