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White Collar Criminal Defense Lawyer Blog

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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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Interstate nexus requirement was an element of the offense and not subject matter jurisdiction

Isabel Grimon plead guilty to possessing 15 or more unauthorized access devices and aggravated identity theft after officers found 19 bland credit cards in her vehicle and a thumb drive containing 134 credit card numbers issued to other persons. The indictment charged her with knowing possession of unauthorized access devises…

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Officers not protected by qualified immunity for pretrial inmate’s death from tasing

Ricky Hinkle died in a Birmingham City jail after being shocked twice with a taser and his son Hunter filed federal civil rights lawsuit against Deputy Dukuzumuremyi under 42 U.S.C. 1983 for a violation of Hinkle’s constitutional right to be free from excessive force. Hunter also claimed that Sheriff Hale…

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Defendant’s conduct in a foreign country can be used to enhance the sentence

In this appeal Anthony Spence was charged with knowing transportation of child pornography in violation of 18 U.S.C. 2252A(a)(1) and knowing possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B). He was found guilty after trial. In calculating his federal sentencing guidelines range the probation officer recommended an increase…

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Reversing the dismissal of inmate’s Eighth Amendment claim for excessive force

Dismissal of inmate’s Eighth Amendment claim was incorrect Sears filed this 42 U.S.C. § 1983 civil rights lawsuit for excessive force and deliberate indifference as a result of a physical assault and having been pepper sprayed after he was handcuffed and compliant. This incident happened while he was an inmate…

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The ten-or-more victim enhancement for use rejected where information only sold not used

Corbett and Weaver worked at Florida Hospital near Orlando Florida. When Weaver held the position of release of information specialist he would download patients’ face sheets containing their name, health information, date of birth and social security number without authority to do so and sold them to coconspirators who, the…

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Reaching into a pants pocket to seize a bullet was a constitutional pat down search

In U.S. v. Johnson the Eleventh Circuit court of appeals reversed a panel decision which held that an officer conducted an unconstitutional search and seizure when he removed a round of ammunition from the defendant’s pocket after conducting a pat down of the defendant who was a burglary suspect. The…

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Ignoring a detainee’s need for medical treatment was deliberate indifferent in violation of the Eighth Amendment

  After Almus Taylor died from internal bleeding after being kept in a jail holding cell overnight, Almus’s father Bonny Taylor sued the jail guards under 42 U.S.C. §1983 and Alabama state law alleging that they were deliberately indifferent to Almus’s serious medical needs. After the district court dismissed Bonny’s…

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The emergency-aid exception overcame a warrantless home search challenge

A U.S. Marshals Service fugitive task force and counter gang unit sought to arrest Cooks at his home.   A member of the Bloods street gang, Cooks  was wanted for second degree assault by the Birmingham Police Department. While surveilling Cooks’s home, the officer saw a car arrive at the residence and…

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