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Articles Posted in Federal Sentencing

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A mother was sentenced to 30 years for producing child pornography and using her own two children as subjects. Worse yet, she sent it to their pedophile father.  

Litzky’s live-in boyfriend, Roberto Oquendo, was a passenger in a car pulled over for a traffic stop in Melbourne, Florida.  The officer conducting the traffic stop learned that he had child pornography on his phone.  He gave an interview and admitted having pictures of the genital areas of his daughters…

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No protection under the Religious Freedom and Restoration Act for protesters who damaged property at a U.S. Naval submarine base.

Clare Grady, Carmen Trotta, and Martha Hennessy are members of the Plowshares Movement, a Roman Catholic protest and activism group opposed to nuclear weapons.  On April 4, 2018, they and others surreptitiously and illegally entered the Kings Bay Naval Submarine Base in St. Marys, Georgia, to engage in protest of…

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No sentencing guidelines enhancement for arms smuggler who sold to a paramilitary terrorist group in Columbia

Francisco Arcila Ramirez was charged with several federal crimes in connection with selling firearms to the National Liberation Army (ELN), a paramilitary group in Columbia, designated by the U.S. State Department as a foreign terrorist organization.  Through a straw purchaser, he acquired AK-style weapons in the Miami, Florida area, then…

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Conviction and life sentence for sex trafficking a minor and adults upheld as reasonable in light of the evidence

Williams appeals his conviction and sentence by a federal judge for the federal offense of sex trafficking involving a minor, and two adults.  The evidence presented at his trial showed Williams used physical abuse and emotional manipulation to force vulnerable young women to work for him as prostitutes.  The evidence…

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Prior state court sex offense qualified as an enhancement for federal child pornography conviction

Jason Kushmaul was indicted by a federal grand jury on two counts of distributing child pornography and with possessing material containing child pornography involving a minor under the age of 12 in violation of 18 U.S.C. section 2252A. He was arrested in Florida by Bay County Sheriff Officer who went…

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Evidence found sufficient to convict defendant of conspiracy to commit healthcare fraud but wrong sentence imposed

Grow formed a company and teamed up with a compounding pharmacy called Patient Care America to market three of its compounded medications: a pain cream, a scare cream, and a metabolic vitamin. He recruited two sales representatives and paid them using a tiered multilevel pyramid structure which meant that commissions…

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Doctor’s conviction for unlawful distribution of Oxycodone upheld

Gayden’s career as a doctor ended after law enforcement began investigating his medical practice following tips that he was prescribing excessive amounts of Oxycodone. Drug Enforcement Agents reviewed his prescription records through the Florida Prescription Drug Monitoring Program (PDMP) and discovered that Gayden had a history of irregular prescribing practices…

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No error to let a Defendant in a Federal criminal trial represent himself if he chooses

Gerti Muho’s scheme led to his conviction of bank fraud, wire fraud, aggravated identity, money laundering, and a 264-month sentence in federal prison. In this appeal he claimed that the district court should have reinstated his court appointed counsel despite his having invoked his right to self-representation. He also claims…

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Prosecution statements not reversible; restrictions against using the internet not a First Amendment violation

Bobal was indicted by a grand jury on two counts of using a means of interstate commerce to attempt to persuade a minor to engage in sexual activity in violation of 8 U.S.C. sec. 2422(b) and committing a felony offense involving a minor after being required to register as a…

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RICO is not a crime of violence for a 924(c) gun possession offense

  A group of brothers, relatives, and friends who operated a drug trafficking organization in Bradenton, Florida, were charged and convicted of participating in a RICO conspiracy, a drug conspiracy, and gun crimes. The defendants raised two issues in this appeal. First, whether the RICO conspiracy qualified as a crime…

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