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Articles Posted in Drug crimes

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Conviction for Miami drug courier upheld

    Max Jeri was convicted and sentencing for importing 7.95 kilograms of cocaine into the United States after he arrived from Lima Peru at the Miami International Airport.  The evidence produced at trial showed that after his arrival in the Miami Airport a Customs and Border Patrol Officer inspected his luggage…

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Jurisdiction to search and prosecute defendants on vessel without nationality authorized

  In U.S. v. Lopez Hernandez, the defendants appeal their convictions under the Maritime Drug Law Enforcement Act (MDLEA) which criminalizes individuals for possessing with intent to distribute a controlled substance while on board a vessel subject to the jurisdiction of the United States. In this case the defendants’ vessel…

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With no evidence Defendant knew he possessed drugs, the conviction is thrown out

  In U.S. v. Louise, the Customs and Border Protection (CBP) was tipped off that the Ana Celia, a coastal freighter used to export goods from the United States to Haiti, was returning from Haiti to Miami carrying narcotic drugs. While the boat was docked in the Miami port, CBP…

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Police officer’s stop of a driver for a partially obscure license plate upheld following fourth amendment challenge

McCullough was arrested and convicted for marijuana distribution. His conviction was affirmed by the Eleventh Circuit Court of Appeals in United States v. McCullough. This is how the facts unfold. He was initially pulled over by an Alabama police officer for driving with a partially obscure license plate. While the numbers on…

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New sentencing ordered where officer gave false testimony at trial

In this appeal the Eleventh Circuit court of appeals reversed a federal court’s order denying the defendant’s motion to vacate his sentence pursuant to 28 U.S.C. 2255.  In Phillips v U.S., the defendant had been charged with numerous drug related offenses and with being a felon in possession of ammunition. A jury convicted…

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No fourth amendment violation where a traffic stop did not exceed the time needed to handle the matter for which the stop was made

  In U.S. v Vargas the defendant was charged with conspiracy to possess with intent to distribute and possession of cocaine after Alabama law enforcement officers discovered cocaine and methamphetamine in Vargas’ vehicle. Vargas filed a motion to suppress on the grounds that Vargas’ traffic stop that led to the…

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No Double Jeopardy violation for this Pill Mill conspiracy charge

  In U.S. v. Votrobek the appellants were convicted by a jury of conspiracy to distribute drugs, conspiracy to launder money and substantive charges of money laundering and maintaining a place for unlawful drug distribution.   The charges arose from their operation of a pill mill, a term used to describe a…

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Federal prosecution must prove it had jurisdiction to charge defendants with drug trafficking on a vessel stopped on the high seas

In the Iguaran appeal, the defendant pled guilty to one count of conspiring to distribute cocaine while on board a vessel subject to the jurisdiction of the United States in violation of the Maritime Drug Law Enforcement Act 46 U.S.C. section 70503(a)(1). On appeal, the defendant challenged the district court’s jurisdiction arguing that the…

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Defendant challenges evidence found on a warrantless search

In U.S. v. Hollis, the court of appeals is required to decide whether the subject of an arrest warrant may challenge the use of evidence found in plain view during a protective sweep in a third party’s residence. In February 2011, Officers were searching for Hollis based on an outstanding…

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No second bite at the apple for crack cocaine defendant originally sentenced with career offender status

In U.S v. Tellis, the Defendant pleaded guilty to selling crack cocaine in October of 2001. The presentence investigation report designated him as a career offender giving him an offense level of 37 under the sentencing guidelines, but because of the amount quantity of crack cocaine his base offense level…

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