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Castaneda appealed his conviction for enticing a minor to engage in unlawful sexual activity in violation of 18 U.S.C. §2422 and one count of crossing a state line with intent to engage in sexual activity with a person under the age of 12, in violation of 18 U.S.C. §2241(c).  Following a federal jury trial, he was convicted of both counts and sentenced to 420 months.  In his appeal he argued the indictment should have been dismissed because the government’s conduct in investigating him was so outrageous that it violated his due process rights.  He also claimed the evidence of child pornography that was found on his computer should have been suppressed and not admitted at trial.  Though he was not indicted with possession of child pornography, the evidence that he possessed it was admitted at his trial to prove his intent.

Law enforcement began its investigation when he responded to an ad on Craigslist from a purported 37- year-old female in Atlanta, Georgia who was “looking for someone with experience with REAL taboo to be a good teacher” for her 9-year-old daughter.   Castaneda grabbed the bait and began communicating with Kandi, telling her he was experienced in “incest, pedophilia, and grooming” and went on about his own experiences with minors.  Kandi responded that she had a 9-year-old daughter “wanting to learn more and looking for someone with experience like you.”   It turned out that Kandi was an undercover law enforcement officer, and not the mother of a 9-year old, who had posted the ad on Craigslist.

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This appeal involved a 1983 civil rights lawsuit under the Fourth and Fourteenth Amendments and various state law claims against the Columbus Georgia, the chief of police, and an officer Brown from the department.  This is how the appellate court stated the issue.  Whether, after a high-speed chase, a police officer reasonably used deadly force when he stepped out of his vehicle to make an arrest and the suspect’s nearby car suddenly went into reverse.

Here are how the facts unfolded.  A car driven by the deceased led the officers from Columbus Police Department on a high speed chase across state lines before crashing into bushes on the side of the road.  The lead police vehicle driven by Officer Brown stopped behind and to the right of the car.  Seconds after Brown stepped out to make an arrest, the car’s reverse lights turned on, and the car started backing up.  Brown fired 11 shots through the back windshield and side windows as the car passed near him.  Then he changed magazines and fired another 10 shots.  The driver was killed, and his two passengers were injured.

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The Hendersons’ appeal involved a civil-rights suit against the City of Huntsville and the Chief of Police alleging that the Chief and the city violated their First Amendment rights to freedom of speech and the free exercise of religion through the City’s permit ordinance and the requirement of a noise provision in their special event permit.

The Hendersons believe that abortion is the murder of an unborn child and abortion is contrary to their sincerely held religious beliefs. They act upon those beliefs by standing on the public sidewalks near two Huntsville, Alabama, abortion clinics to express their views and offer counsel to clinic employees, visitors, and patients who pass by. Under the Huntsville municipal code, their activities constitute a minor event and do not require a permit. But their protests bring out counter protesters from abortion-rights advocates and the presence of the abortion rights advocates makes it more difficult for the Hendersons to make their speech heard for two reasons. First, the Huntsville municipal code requires simultaneous sidewalk events to be held at least 10 feet apart. The Hendersons allege that the abortion-rights advocates take advantage of that policy by obtaining permits for events in front of the clinic and forcing the Hendersons to the other side of the street. Second, the abortion rights advocates drown out the Hendersons by shouting and ringing cowbells.

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Ardon Chinchilla was charged in a federal indictment with violating 18 U.S.C. §1546 by using a fraudulent Order of Supervision to obtain a driver’s license from the Florida Department of Highway Safety and Motor Vehicles. Section 1546 makes it a crime to knowingly use or attempt to use a forged or unlawfully obtained document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States. An Order of Supervision is a document issued by the U.S. Immigration & Customs Enforcement (ICE) to aliens unlawfully present in the United States. It authorizes an unlawful alien to be released from custody into the community and to remain living in the United States for an indefinite period of time pending removal. An Order of Supervision may authorize the alien to seek employment in the United States. Florida accepts an Order of Supervision from applicants seeking to obtain a Florida driver’s license as proof of legal presence in the United States.

Chinchilla moved to dismiss the superseding indictment for failure to state an offense under §1546 arguing that the term “authorized stay” means lawful presence in the United States and that no federal statute or regulation expressly identifies an Order of Supervision as evidence of authorized stay in the United States. The district court agreed and dismissed the indictment.

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Jason Kushmaul was indicted by a federal grand jury on two counts of distributing child pornography and with possessing material containing child pornography involving a minor under the age of 12 in violation of 18 U.S.C. section 2252A. He was arrested in Florida by Bay County Sheriff Officer who went to his address based on a tip obtained by Homeland Security that he was distributing child pornography through an App known as Kik.  Kushmaul was already registered on the Florida Sex Offender Registry having been previously convicted in Florida of promoting the sexual performance of a child. He pled guilty to the federal offense. The federal statute, Section 2252A, enhances the mandatory minimum from 5 years to 15 years if the offender has a prior conviction under the laws of any state relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor. The sentencing court found that his 2016 Florida conviction “promoting the sexual performance of a child” qualified as a prior conviction that triggered the sentencing enhancement and imposed a 15-year sentence.

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A man named Robert Lawrence was shot by a police officer in front of his wife and children after an incident that began when took a stray dog to the animal shelter in Dothan, Alabama. Lawrence and his family found a stray dog in a Walmart parking lot and decided to take the dog to the shelter. When he arrived there with the dog, he was asked to show some identification and to fill out some paperwork before leaving the dog. He felt that he should not have to do that and out of frustration he told the official he would leave and just let the dog out along the road leading to the shelter.

When people who are at the shelter threaten to abandon an animal, their policy is to have a police officer follow them to their vehicle to write down their tag number. That happened when Lawrence left the shelter. The police officer asked for his driver’s license when he arrive at his car, and he told her he did not have to show her one.   The officer called for a backup officer and detained Lawrence at his car where they argued while waiting for the backup.

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McGroarty sued the Florida Department of Law Enforcement claiming a violation of his substantive due process rights under the Fourteenth Amendment of the U.S. Constitution. McGroarty’s federal lawsuit alleged that the FDLE violated his rights by continuing to publish his personal identifiable information on FDLE’s sex offender registry website even after he had completed a ten year probation for a sex crime and was no longer subject of Florida’s registration laws.

When McGroarty lived in Florida his Florida conviction as a sex offender required him to register there. He then moved out of Florida to California where he lived while he completed his Florida probation. Eventually he moved to North Carolina, and eventually Florida notified him after he completed his probation that he had to continue registering in Florida as a sex offender. Thereafter, Florida maintained information about McGroarty on its online database, including his photograph, pursuant to Florida’s sex offender registry law, Fla. Stat. section 943.0435. In his lawsuit, McGroarty claimed that Florida lost jurisdiction to enforce compliance with its sex offender registry statute after he moved to California in 2004 because he was no longer a resident of Florida. The district court dismissed his lawsuit as time barred under the statute of limitations.

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Stryker filed a federal lawsuit against three officers of the Homewood Alabama Police Department for excessive force in violation of the Constitution and for state law claims for assault and battery. The incident resulted from his arrest for disorderly conduct, resisting arrest, and failing to comply with a lawful order of a city officer. Stryker was a commercial truck driver. After he who arrived at Walmart Store at 2:00 a.m. with his delivery, he was approached by a Homewood Police Officer who told Stryker a woman called the police accusing Stryker of hitting her car on the highway.

Stryker’s version of what happened next was drastically different from the police officer’s version. Under Stryker’s version, he took out a camera to take photographs of the woman’s car, something his company required him to do in the event of an accident. The defendant officer told him not to take photos and to put away the camera. As went to return to his truck, without warning the officer tased him and kicked him when he fell to the ground. As he tried to get away the officer struck him multiple times in the face breaking his jaw. Stryker managed to get into the cab of his truck but the officer broke into the cab, and with other officers that had arrived, they removed him and continued to beat and kick him.

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Grow formed a company and teamed up with a compounding pharmacy called Patient Care America to market three of its compounded medications: a pain cream, a scare cream, and a metabolic vitamin. He recruited two sales representatives and paid them using a tiered multilevel pyramid structure which meant that commissions for the sales representatives were based on their own referrals and referrals made by representatives brought in by the representatives they brought in. He also recruited patients instead of doctors and used telemedicine companies to prescribe the creams and vitamins to patients. Some recruited patients were paid commissions for just ordering their own creams and vitamins and set up a phony survey program where Grow’s recruited patients were paid $1,000 per month to try the creams and vitamins and write about their experiences.   The only purpose of the survey was to refer more beneficiaries and get paid commissions. Nothing was done with the results of the survey. Grow was charged and convicted of conspiracy to commit healthcare and wire fraud, committing healthcare fraud, conspiracy to receive and pay kickbacks.

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Gayden’s career as a doctor ended after law enforcement began investigating his medical practice following tips that he was prescribing excessive amounts of Oxycodone. Drug Enforcement Agents reviewed his prescription records through the Florida Prescription Drug Monitoring Program (PDMP) and discovered that Gayden had a history of irregular prescribing practices including issuing scripts for opioids in higher quantities or greater potency and in greater frequency than the norm. The DEA issued a search warrant for his patient records. Through recordings made by undercover patient who visited his office they discovered long lines of patients waiting to get into Gayden’s office. Investigators also learned that Gayden insisted on cash only for his services.

Just before the five-year statute of limitations ran, a federal grand jury indicted Gayden on seven counts of unlawful distribution of a controlled substance in violation of 21 U.S.C. section 841(a)(1). Gayden was convicted following a jury trial and sentenced to 235 months in prison.

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