Even though a federal court upheld a prisoner’s life sentence for a RICO murder conviction, it still granted postconviction relief and vacated two illegal convictions for use of a firearm in furtherance of a crime of violence, in light of some recent Supreme Court decisions. Delroy Lee was convicted by a jury of numerous federal…
Tossing the government’s two major defenses against Rehaif claims in postconviction proceedings, the Fourth Circuit held that not only does Rehaif also apply to felon-in-possession of firearm cases under § 922(g)(1), but that it also applies retroactively on collateral review. See United States v. Waters, 2023 U.S. App. LEXIS 7558, — F.4th — (Mar. 30,…
The U.S. Court of Appeals for the Sixth Circuit tossed a federal drug and gun case based on a defective search warrant. The Court held that the affidavit filed by law enforcement to show probable cause to obtain a search warrant was lacking in detail and therefore the warrant should not have been issued. Lexington,…
