United States v. Clifford Gandy, Jr

United States v. Clifford Gandy, Jr., No. 17-15035 (March 6, 2019) The Court affirmed the defendant’s sentence as a “career offender” under § 4B1.1 of the Guidelines after finding that the defendant’s prior Florida conviction for battery was a “crime of violence” pursuant to the modified categorical approach when the Shepard documents establi Sentencing Guidelines/Career…

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United States v. Spencer Rozier

United States v. Spencer Rozier, No. 18-10847 (March 5, 2019), UNPUBLISHED The Court held that circumstantial evidence including the defendant’s criminal history, his signature on the storage unit lease, and his access to the storage unit was sufficient to prove he constructively possessed the controlled substances found within the storage unit. Drug Offenses/Elements – There…

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United States v. Rachel Padgett

United States v. Rachel Padgett, No. 16-16144 (March 6, 2019) The Court held that a pro se defendant’s Notice of Appeal was insufficient under Rule 3(c)(1) where the evidence reflected the defendant’s intention to file a collateral attack instead. The defendant’s notice failed to name a court of appeals or grounds for appeal, she signed…

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Jussie Smollett Indicted

TRANSCRIPT: Victor: All right, let’s discuss. With us now is criminal defense attorney Page Pate. Page, welcome back. Page: Thank you. Victor: Let’s start here with the 16 counts. One for, as Nick said there, each time he told this lie. Page: Right. Victor: Is that typical? Page: No, it’s not typical. There’s really one…

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