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Articles Posted in Sufficiency of the Evidence

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Double jeopardy challenge rejected for therapists convicted of Medicare fraud

  In US v Crabtree a therapist at a health care clinic in Miami was convicted along with her two therapist codefendants of conspiracy to commit health care fraud in violation of 18 U.S.C. 1349. In this appeal they raised several issues, including a constitutional challenge under the double jeopardy clause. The…

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Conviction for fraudulent investment scheme upheld

Lawrence Foster was charged and convicted in Miami following a federal court jury trial of conspiring to commit wire fraud and six counts of wire fraud in violation of 18 U.S.C. section 1349. He raised three challenges. First, he claimed the trial judge erred by denying his motion for judgment of acquittal.…

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Conviction for selling firearms on the dark web upheld

Focia’s conviction arose from his sale of firearms on the dark web. He was charged with a violation of 18 USC section 922(a)(1) for transferring firearms to a resident of a state other than his own without a federal firearms license in violation of 18 USC section 922(a)(5). In his appeal he…

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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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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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Convictions for massive federal Medicare fraud upheld

  In United States v. Bergman the defendants were convicted following a jury trial of conspiracy to commit health care and wire fraud, paying bribes and kickbacks in connection with a federal health care benefit program. Bergman was sentenced to 180 months and the other defendant was sentenced to 150…

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Nude photos of a minor in her bathroom amount to images of sexually explicit conduct under the child pornography statute

In United States v Holmes the defendant appealed his conviction for production of child pornography and possession of child pornography in violation of 18 U.S.C. 2251(a) and 2252(a) (4)(B). Holmes was charged with surreptitiously videotaping his teenage stepdaughter performing her daily bathroom routine over a period of approximately five months…

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Evidence sufficient to support a tax protester’s conviction for filing false federal tax returns

  In United States v. Croteau, the defendant challenged the sufficiency of the evidence for his ten-count criminal conviction in federal court for making false and fictitious claims on this tax returns and for the reasonableness of his 56 month federal sentence. Croteau was a tax protester who filed false returns…

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Sufficient evidence of forcing victim to work as a prostitute in the United States and in foreign countries

In US v. Damion St. Patrick Baston (“Baston”), the Defendant worked as a pimp and forced various women to work as prostitutes in Florida and around the world while keeping the money they earned As a result he was indicted for violating 18 U.S.C. 1593 and charged in Miami federal…

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Search for child pornography on home computer upheld after wife gave valid consent to the search even though the husband later refused to give consent

In USA v. Thomas the Defendant was convicted of knowingly accessing with intent to view child pornography in violation of 18 U.S.C. 2252(a)(4)(B). Prior to his federal court trial he filed a motion to suppress the incriminating images of child pornography that were seized from his desktop computer at his…

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