Criminal Appeals
Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest
The U.S. Court of Appeals for the Fourth Circuit held that a man with a sagging sweatshirt acting suspiciously was not enough for “reasonable suspicion” to allow an arrest, agreeing that the evidence in the case should have been suppressed and vacated the conviction. He was thought to be a robbery suspect by a man…
Second Circuit Reiterates that Prison Time for Supervised Release Violations Come Off Any Future Term of Supervised Release
United States v. Gaye, No. 22-251, 2023 U.S. App. LEXIS 20157 (2d Cir. Aug. 4, 2023) In 2019, Gaye’s encounters with the law led to a supervised release violation and another six-month prison term, followed by four years of supervised release. In 2021, he once again breached the terms of his supervised release, resulting in…
Court Says Judge Could Impose Harsher Sentence After Successful Appeal
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…
Judicial Vindicitveness Claim Bypasses Appeal Waiver
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…
Eleventh Circuit Says Florida Drug Conviction No Good for Federal ACCA Sentence
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…
Rapper NBA YoungBoy’s Gun Charges Reinstated by Fifth Circuit
By Dale Chappell United States v. Gaulden, No. 22-30435, 2023 U.S. App. LEXIS 17995 (5th Cir. July 14, 2023). A somewhat divided Fifth Circuit made a novel decision July 14, 2023, by holding that a person allegedly violating the law in a video recording possessed by a video company he hired has no expectation of…
The Real Story About a Federal Court Declaring a Federal Firearm Statute Unconstitutional
What’s the real story about a federal judge in Mississippi declaring the federal felon in possession of a firearm statute unconstitutional? As always, there’s more to the the story than what’s being reported. Here’s the real story about United States v. Bullock, No. 3:18-CR-165-CWR-FKB, 2023 U.S. Dist. LEXIS 112397 (S.D. Miss. June 28, 2023). I’ve…
Second Circuit Vacates Conviction Based on Insufficient Guilty Plea
Second Circuit Vacates Conviction Based on Insufficient Guilty Plea United States v. Aybar-Peguero, Nos. 21-1711(L), 21-1847(Con), 2023 U.S. App. LEXIS 17015 (2d Cir. July 6, 2023) Francis Jose Aybar-Peguero pled guilty to drug trafficking in violation of 21 U.S.C. Sections 841 and 846 and concealment money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(i). During…
Federal Drug Conspiracy No Good for Career Offender Enhancement, and Counsel was Ineffective for Not Raising the Challenge
United States v. Cannady, No. 20-6906, — F.4th — (4th Cir. Mar. 24, 2023) Hot off the press just minutes ago, the Fourth Circuit vacated the denial of a 28 U.S.C. § 2255 motion and held that a federal drug conspiracy, under 21 U.S.C. § 846, is broader than generic federal conspiracy and was therefore…
En Banc Eleventh Circuit Says Conspiracy to Commit Federal Drug Offense Didn’t Count for Career Offender Sentence
The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, joined three other circuits and held that a federal conviction for conspiracy to commit a federal drug offense did not qualify under the career offender guideline as a third strike to impose the harsh career offender penalty. See United States v. Dupree, 57…