Yet another federal firearm statute goes down under the Supreme Court’s recent Bruen decision. The question this time was whether 18 U.S.C. § 922(g)(3), which criminalizes possession of a firearm by a habitual drug user, violated the Second Amendment’s right to bear arms. The Fifth Circuit said it did. United States v. Daniels, No. 22-60596,…
United States v. Gamez, No. 22-2278, 2023 U.S. App. LEXIS 20713 (7th Cir. Aug. 9, 2023) Is Indiana Arson a Violent Felony for ACCA? Sergio Gamez received a 15-year sentence for being a felon in possession of a firearm. This sentence was a result of the district court’s application of the Armed Career Criminal Act’s…
Barriera-Vera v. United States, No. 23-cv-1333-SCB-TGW, 2023 U.S. Dist. LEXIS 134678 (M.D. Fla. July 10, 2023) In a shocking move, the U.S. District Court for the Middle District of Florida granted postconviction relief to a prisoner who filed his motion three years too late, saying the “actual innocence exception” forgave his lateness. Jose Barriera-Vera was…
United States v. Akers, No. 21-3226, 2023 U.S. App. LEXIS 20142 (10th Cir. Aug. 4, 2023) Montgomery Akers’ encounters with the federal court system began with a conviction for wire fraud in 2005, a single spark that ignited a flood of legal filings marked by questionable motives and repetitive claims, according to the U.S. Court…
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) The U.S. Court of Appeals for the Fourth Circuit concluded that a sentencing judge wasn’t vindictive during resentencing when she considered a prisoner’s bad conduct in prison, plus the various facts of a state case that was resolved after…
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) Fourth Circuit: Claim of Judicial Vindictiveness Bypasses any Appeal Waiver The U.S. Court of Appeals for the Fourth Circuit held on August 1, 2023, that a claim of judicial vindictiveness at sentencing bypasses any appeal waiver in a plea…
United States v. Miles, No. 21-12609, 2023 U.S. App. LEXIS 19662 (11th Cir. July 31, 2023) In a case of first impression, the U.S. Court of Apeals for the Eleventh Circuit held on July 31, 2023, that a conviction for possessing an ingredient to manufacture methamphetamine was not a valid prior conviction for purposes of…
By Dale Chappell In a recent dissent authored by Justice Sotomayor in a death penalty case, the intricate interplay between mental competence and the application of the death penalty took center stage. The opinion delved into the case of Johnny A. Johnson, an individual with a documented history of severe mental illness, whose competency to…
Here’s rundown of some favorable decisions for the week. United States v. Evans, No. 22-1195, 2023 U.S. App. LEXIS 18810 (7th Cir. July 24, 2023) Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition….
In the realm of habeas appeals, a critical issue arises when a petitioner files a petition for a writ of habeas corpus challenging a conviction after an extended period. This post examines a recent case involving a self-represented petitioner who sought habeas relief more than five years after his conviction and the subsequent denial of…
