Articles Tagged with “Eleventh Circuit”

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There are two interesting opinions I’d like to highlight from this crop.

First, there’s United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can’t consider something. It seems to me that whatever that something is, these days, a district court can probably consider it. Prado is another example of that proposition.

More sensationally, check out the Ninth Circuit’s opinion in United States v. Maloney! Laura Duffy, the AUSA for the Southern District of California, watched the en banc argument in this case, decided the government’s position was wrong and asked the Ninth Circuit to vacate the conviction. Nice.

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we’ve been in posting them. Apologies. As those of you who do trial work can understand, sometimes it’s really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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It’s a sleepy week in the Circuits last week – a resentencing and a restitution remand.

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Daniels, et al., Fifth Circuit: Appellants were convicted of conspiring to distribute and to possess with intent to distribute five kilograms or more of cocaine. The finding as to drug quantity was vacated because there was insufficient evidence to support it. Appellants’ sentences were vacated and the case remanded for resentencing for the court to recalculate appellants’ Guidelines range calculations, which were driven by the conspiracy’s vacated five kilogram finding.

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There are some great cases from the Ninth and Eleventh Circuits this week – especially United States v. Ermoian on obstruction of justice. Good times.

And, of course, the big news of last week was Eric Holder’s recognition that there are a lot of people in federal prison. I’m skeptical that a policy that lets folks with one or two criminal history points avoid a mandatory minimum is going to do much to reduce our prison population, as I told some folks last week, but if the Attorney General is going to pay lip service to an idea, I suppose I’m glad it’s an idea that I agree with.

To the victories!

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It’s been a busy week in the circuits. But first, two news items.

Eric Holder Walks Back The War On Drugs

Today, as has been widely reported, Eric Holder will announce that “widespread incarceration at the federal, state and local levels is both ineffective and unsustainable.” Here’s coverage at the Wall Street Journal.

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Does marriage fraud happen in the marriage, or at the wedding? As it happens, marriage fraud, at least according to the Eleventh Circuit, is a bit of a misnomer – it’s really better thought of as wedding fraud.

The statute is 8 U.S.C. § 1325(c). It says that it’s a marriage fraud whenever “[a]ny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.” The case is United States v. Rojas.

2.jpgYunier Rojas and Soledad Marino were friends. Good friends, but just friends. Apparently not even friends with benefits. Just friends.

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I’m writing this from the Fourth Circuit Judicial Conference. Here’s my brief recap.

Today, Brian Stevenson, a tremendously cool death penalty lawyer told the assembled group that justice for poor folks and people of color is going to be more likely if decision makers are in closer proximity to poor folks and people of color.

Yesterday, there was a talk about how to improve your home security, to keep any one who wants to get in proximity to you from doing so.

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There’s a great diversity of cases where defendants won in the federal circuit’s last week.

Probably the most significant – in terms of it’s implication for other cases, is the discovery dispute in United States v. Muniz-Jaquez from the Ninth Circuit.

Though, of course, it’s still from the Ninth Circuit.

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There were three wins in the federal circuits last week, discussed below. The most interesting is probably United States v. Zabawa which gives a fair shake at sentencing to someone who assaulted an officer (who headbutted him).

It reminds me of a joke Bill Clinton liked to tell during the impeachment:

A kid comes home from school with a black eye. His mom asked what happened. The kid says, “Mom, it all started when the other guy hit back.”

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