There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue in criminal cases in federal court these days – it’s good to see the home team winning in this area.
Also of note is In re Joannie Plaza-Martinez dealing with a sanction of an AFPD. It’s sad to see a criminal defense lawyer sanctioned, especially an AFPD. So it’s nice to see that sanction reversed.
To the victories!
1. In re Joannie Plaza-Martinez, First Circuit: Appellant is an Assistant Federal Public Defender who was sanctioned by the trial judge for asking to postpone a sentencing in one case because she was starting a trial in another case. Finding an abuse of discretion, the First Circuit vacated the sanction.
Defense Attorneys: Hector E. Guzman, Jr., Hector L. Ramos-Vega, and Patricia A. Garrity
2. United States v. Annabi: Appellant was convicted of three counts of mortgage fraud and the trial court ordered forfeiture for all three counts. The indictment for one of those counts did not use the properly statutory language to allow for forfeiture, so that forfeiture was vacated and remanded.
Defense Attorneys: Edward v. Sapone and Paula Schwartz Frome
3. United States v. Vargem, Ninth Circuit: Appellant’s sentence was miscalculated under the sentencing guidelines. The court erred in applying a six-level enhancement based on weapons found in Appellant’s home and also miscalculated the base offense level.
Defense Attorneys: Steven G. Kalar, Candis Mitchell, and Steven J. Koeninger
4. Davis v. Walker, Ninth Circuit: The district court denied Appellant’s request to appoint a guardian ad litem and instead stayed Appellant’s civil rights case until Appellant was restored to competency. The Ninth Circuit held that the indefinite stay was a final appealable decision. The stay was vacated because it failed to adequately protect Appellant’s rights.
Defense Attorney: Kayvan B. Sadeghi