Criminal Defense & Sentencing
Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal
Any allegation that a judge was involved in the plea negotiations is very serious. It suggests the judge may have gone outside the bounds of proper judicial conduct by making or saying inappropriate things during the plea-bargaining process. Federal Rule of Criminal Procedure 11 (Rule 11) lays out the procedural requirements for accepting guilty pleas,…
Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant
It’s been said that a prosecutor could convince a grand jury to indict a ham sandwich, and this case proves that a cop could similarly convince a judge to grant a search warrant without any probable cause. Thankfully, a federal judge put a stop to it, although a bit too late. The Cops Came Knocking…
Can a Felon Use a Gun in Self-Defense? A Federal Court of Appeals Hints Yes
A federal court has held that a person who is a felon still has the right to argue self-defense with a firearm, despite the fact that he is a convicted felon who cannot possess a firearm under federal law. The court’s decision overturned the lower court’s conclusion that a felon doesn’t have the right to…
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…
Illinois Prior Look-Alike Drug Conviction No Good for Career Offender
Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term….
Fifth Circuit Declares Federal Firearm Statute at Issue in Hunter Biden’s Case Unconstitutional
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,…
Is Indiana Arson a Violent Felony for the Armed Career Criminal Act?
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…
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…