In Osley v. United States, the Eleventh Circuit rejected the defendant’s section 2255 claim that his counsel failed to advise him he faced a mandatory sentence, because he had turned down a plea offer prior to trial that would have given him only 70 months. Osley was convicted of multiple…
In U.S. v. Joseph, the defendant was convicted mail fraud and theft from the government for filing false income tax returns using false information. As a result of his committing this federal crime, the Internal Revenue Service actually disbursed $37,196. Before sentencing the government obtained an order from the district…
After the defendant in U.S. v Ramirez-Florez pleaded guilty to reentry after deportation, he received a 16-level enhancement in his sentencing guidelines range because of a prior conviction for burglary of a dwelling in violation of the South Carolina conviction for burglary of a dwelling conviction that the district court…
The defendant in U.S. v. Salgado was indicted and convicted of the federal crimes of drug conspiracy, money laundering conspiracy, and possession with intent to distribute as least one kilogram of heroin. Prior to sentencing the presentence investigation report (psi) calculated his guidelines sentence range by grouping his convictions together…
The defendant in U.S. v. Harris was convicted of three counts of a Hobbs act robbery and four counts relating to possession and use of firearms during those robberies. Under federal sentencing laws, his prior convictions for violent crimes resulted in a life sentence of imprisonment and a consecutive sentence…
In U.S. v. Mathauda the defendant was convicted of conspiracy to commit mail and wire fraud in violation of federal criminal law. The case arose from his operation and of a business offering fraudulent business opportunities. From a call room in Costa Rica, the defendant would entice victims by advertising…
In U.S. v. Edwin Aguilar-Ibarra the defendant was convicted of a conspiracy to commit a Hobbs Act robbery, which is a federal crime under 18 U.S.C. 1951. The facts of this conviction arose from a robbery of a Florida warehouse by four masked man brandishing pistols. The intruders bound gagged…
In U.S. v. Garza-Mendez, the defendant pleaded guilty to the federal crime of reentry after deportation by an aggravated felon in violation of 8 U.S.C. §1326(a). His deportation resulted from a prior conviction under a Georgia-family-violence-battery statute for striking his girlfriend. In that case, he was sentenced to confinement to…
In U.S. v. Elliot, the defendant was convicted of the federal crime of robbery and brandishing a firearm during and in relation to a crime of violence. The district court in Alabama imposed a life sentence after determining that two of his prior felony convictions qualified him for a career…
The defendant in U.S. v. Rodriguez was convicted and sentenced to 120 months for conspiracy to commit the crime of federal wire fraud. He raised two issues on appeal. First he argued the evidence was not sufficient to support the conviction. The evidence at trial showed that from 2003 through…