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White Collar Criminal Defense Lawyer Blog

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No Fourth Amendment violation for deputies’ warrantless entry and search and seizure

  Fish v. Brown involves a civil rights lawsuit against two Holmes County, Florida, deputy sheriffs for entering the plaintiff’s home without a warrant and for a search and search in violation of the Fourth Amendment. This is an appeal from the district court’s dismissal on the ground that the deputies were entitled to qualified…

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Strip search of student found to be unconstitutionally excessive

  In DH v. Clayton County School District, Defendant McDowell appealed the district court’s finding that as assistant principal his strip search of a minor student was a violation of clearly established constitutional law. McDowell, an assistant Principal at a public school in Georgia, conducted a strip search of a…

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Enhanced sentence imposed for sexual encounters with the same minor on separate occasions

  In U.S. v Nagel the defendant appealed his 292 month sentence imposed after pleading guilty to a charge of enticing a minor to engage in sexual activity in violation of 18 U.S.C. section 2422(b) His appeal centered around the procedural and substantive reasonableness of his sentence specifically whether the…

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An arrest pursuant to a civil writ of bodily attachment for unpaid child support is equivalent to a warrant under the Fourth Amendment

  In U.S. v Phillips the defendant challenged the arrest on a civil writ of bodily attachment for unpaid child support on the grounds of a violation of the Fourth Amendment. As a result to his stop and arrest police officer discovered he was in possession of a firearm at…

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Life term of supervised release was not an unreasonable sentence for sex offender

  U.S. v. Trailer is an appeal from a sentence impose for violation the terms of supervised release that was part of the defendant original sentence for failing to register as a sex offender in violation to 18 USC §2255. A special condition of the original supervised release condition what…

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Sentencing guidelines require a sentencing enhancement for vulnerable victims despite prior case dicta

  In this appeal Birge was convicted of one count of mail fraud pursuant to 18 U.S.C. section 1341 for writing herself $767,218.99 while serving as the Chief Clerk of the probate court of Chatham County, Georgia. The checks were drawn from the conservatorship accounts belonging to 31 minors, two…

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Child pornography sentence of 151 months found to procedurally and substantively reasonable

In United States v. Cubero the Defendant appealed from his 151 month sentence and life-term of supervised release after pleading guilty to one count of distribution of child pornography and two count of possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B).   For various reasons he argued that his…

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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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Conviction for defrauding the IRS using the identifications of Florida inmates upheld

Appellants in the Pierre opinion appealed their federal criminal convictions and sentences for conspiracy to defraud the Internal Revenue Service, conspiracy to traffic in unauthorized access devises, aggravated identity theft and other substantive counts of identity theft following a jury trial.   The scheme in this case involved filing fraudulent income tax…

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Above guidelines sentence for federal supervised release violation reversed for sentencing court’s failure to state reasons

After serving his 195 month federal sentence for possession of a firearm Defendant Parks went on federal supervised release. Fifteen months later Parks was arrested by state authorities for burglary and grand theft. Parks plead guilty to the state court charges and was sentenced to 455 days, with credit for…

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