Articles Tagged with “Fifth Circuit”

Published on:

It’s a catch-up blast of short wins today following my Spring Break.

My favorite of the bunch, continuing on our recent restitution cases, is United States v. Foley. There, the district court ordered restitution that was outside the offense of conviction. The First Circuit reversed. Go First Circuit!

To the victories!

you win.jpg1. United States v. Molina-Gomez, First Circuit: The district court erred by denying Appellant’s motion to suppress statements he made to United States Customs and Border Protection officers. The questioning occurred in a small, windowless room and Appellant was not given Miranda warnings prior to being questioned, which amounted to a violation of his Fifth Amendment rights. The case was remanded so Appellant could withdraw his plea and determine how he would like to proceed.

Defense Attorneys: Leonardo M. Aldridge-Kontos, Hector E. Guzman-Silva, Jr., Hector L. Ramos-Vega, and Lisa L. Rosado-Rodriguez
2. Perry v. Roy, First Circuit: Appellant, an inmate, brought a civil rights suit challenging the medical treatment he received after a violent scuffle with prison guards, which left him with a broken jaw. The trial court dismissed the case, holding that Appellant had not presented evidence that prison medical personnel deliberately denied him care. But the First Circuit concluded that the trial court had improperly weighed the evidence, which, when viewed in a light favorable to Appellant, could support a finding that the prison medical personnel were deliberately indifferent to Appellant’s condition.

Inmate’s Attorneys: Benjamin M. McGovern, Amanda O. Amendola

Continue reading →

Published on:

The third level for acceptance of responsibility is interesting – it’s one area where some courts have held the government has pretty much unfettered discretion to decide whether or not it should apply. Basically, a person is supposed to get the third level only if she’s pled guilty early enough to keep the government from working. Though some U.S. Attorney’s offices are more or less stingy about how early is early enough.

Regardless, it can be hard to overcome an unreasonable government position on the applicability of the third-level for acceptance.

Which is why I was glad to see United States v. Castillo – which challenges the sovereignty of the government’s decisionmaking about the third level and its applicability. Good stuff there.

To the victories!

Thumbnail image for you win.jpg1. United States v. Alejandra-Montanez, First Circuit: Appellants were convicted of criminal conspiracy charges for importing cocaine. Because of recent amendments to the sentencing guidelines that retroactively reduced most drug quantity base offense levels, the case was remanded for reconsideration of Appellants’ sentences.

Defense Attorneys: David A.F. Lewis, Leslie W. O’Brien, and Joshua L. Gordon
2. United States v. Martinez-Rodriguez, First Circuit: Appellants were convicted of drug and firearms offenses. Appellant Rodriguez’s conviction for the drug offense was reversed because the evidence was insufficient to connect him to Appellant Santini’s possession of narcotics. And the evidence connecting Appellant Santini to Appellant Rodriguez’s possession of a firearm was also insufficient, so that conviction was reversed as well. The only evidence of a connection between Appellants, who are brothers-in-law, was that they had been in a car together when the car was stopped. But the lack of evidence about the full nature of their relationship, of any plan they had to carry out a drug-trafficking offense, and of their prior dealings with each other was insufficient to show that the two had the requisite knowledge of the other’s offense.

Continue reading →

Published on:

There are two cases in this batch of short wins that I think deserve a special shout out.

First, there’s United States v. Torres-Perez. Appeal waivers are the bane of federal criminal practice (or one of them). Their only advantage is that they make prosecutors’ lives easier. The downside, which is significant, is that they discourage the development of the law. I’d rather have the government work more and know what the law is. Though I may be crazy. In Perez, the Fifth Circuit slapped down an appeal waiver requirement in order to get credit for a acceptance.

Second, there’s United States v. Barta – another great entrapment case from the Seventh Circuit. That circuit is bustin out entrapment cases like Taylor Swift and Katy Perry bust out insults of each other. Or something.

Published on:

And, after a really long break, we’re back. Apologies. This day job has been very busy lately.

And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law.

You saw our guest post on Hite last week – it’s a great case that bears a close read.

Published on:

It’s been an interesting few weeks in the circuits (and, apologies for the gap in posting – pesky family vacations).

Probably my favorite is United States v. Mergen, about whether an FBI agent’s statements that what the guy charged with a crime was doing were ok and legal were admissible. I tend to think FBI stings that take advantage of how weak the entrapment defense is are one of the more loathsome things our federal government does – any time you can poke holes in that I think it’s a good thing.

Also of note is United States v. Bagdy – there, a guy who spent an inheritance on stuff that wasn’t restitution, instead of restitution, didn’t violate his supervised release conditions. Supervised release can be insane – especially when restitution is in play. Nice work for the Third Circuit in dialing it back.

Published on:

There’s been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions.

Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I’m not sure what’s in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified.

To the victories!

Published on:

Today’s featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate other crimes. The information was given on the condition that the information not be used to prosecute him. The government broke that condition.

Happily though, the Fourth Circuit enforced it.

To the victories!

Published on:

It’s a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United States.

Forfeiture is insane. It reminds me too much of the California prison industry lobbying for tough on crime laws – the incentives simply line up wrong (it’s a long chart – the short wins are at the bottom).

Here’s the chart:

Published on:

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.

Published on:

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!