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Articles Posted in Sufficiency of the Evidence

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Jurisdiction to sentence was not affected by the failure to allege the defendant knowingly received counterfeit money orders

In U.S. v. Brown the Defendant pleaded guilty in federal court for knowingly receiving 481 counterfeit United States Postal Money Orders from a foreign county with intent to pass them off as real, violation of 18 U.S.C. § 473. As part of her plea agreement she waived her right to…

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Even though she never handled any drugs, evidence was sufficient to convict the wife of participating in husband’s drug conspiracy

Reeves and five codenfendants in U.S. v. Reeves were convicted following a nine day trial of federal drug charges including conspiracy to distribute more than five kilograms of cocaine, possession of more than 50 grams of crack cocaine, and possession of a firearm by a convicted felon. The indictment followed…

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No Fourth Amendment violation by police for placing a warrantless tracking devise prior to the Supreme Court’s prohibition

In U.S. v. Ransfer, the defendants were convicted of a Hobbs Act violations, and the use and carrying of firearms during the commission of a violent crime. The first issue the defendants raised in challenging these federal criminal convictions was the admission of evidence resulting from the installation and use…

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Government not required to show subjective intent to commit harm for a threatening communication conviction

In U.S. v Martinez the Defendant appealed her federal criminal conviction under 18 U.S.C. § 875(c) for knowingly transmitting a threatening communication. The threat came when a talk show host at a Ft. Lauderdale radio station received an anonymous email that expressing support for the second amendment gun rights, and…

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Evidence sufficient to convict defendant of running a fraudulent business but not sufficient to prove more than 10 victims

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…

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Structuring indictment thrown out because each count found insufficient

In U.S. v. Lang the defendant was indicted on 85 counts of violating 18 U.S.C. § 5324 which makes it a crime to structure cash transactions for the purpose of evading the requirement that a financial institution file a report with the Department of Treasury of a cash transaction by…

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No Fourth Amendment violation for defendant searched following encounter with police officer

In U.S. v. Williams, the defendant was convicted in federal court of possession of a firearm by a convicted felon in violation of 18 U.S.C.§ 922(g), possession of crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime. On appeal he challenged the introduction of evidence…

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Commercial fisherman’s conviction for disposing of his catch of undersized grouper upheld.

In U.S. v. Yates the defendant and his crew were on a commercial fishing trip into the Gulf of Mexico when he was stopped by a federally deputized Florida Fish and Wildlife officer on patrol for fishery violations and compliance. After boarding the defendant’s boat, he noticed red grouper that…

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Government’s failure to prove element of offense results in reversal of illegal firearms deal conviction

The defendant in U.S. v Fries was convicted of transferring a firearm to an out-of-state resident which is a violation of federal criminal laws when neither the seller nor the buyer was a licensed firearms dealer. 18 U.S.C. 922(a)(5) make a crime for a seller to sell a weapon to…

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Health care fraud conviction reinstated after court of appeals finds the evidence of guilt was sufficient

From the 11th judicial circuit in Miami, Florida, in U.S. v. Vernon, the defendants were convicted of health care fraud following a trial. The charges involved dispensing factor medication, a blood clotting medication used to treat hemophilia. Defendant Vernon ran a specialty pharmacy that dispensed prescriptions for factor medication, an…

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