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United States v. Spencer Rozier, No. 18-10847 (March 5, 2019), UNPUBLISHED The Court held that circumstantial evidence including the defendant’s criminal history, his signature on the storage unit lease, and his access to the storage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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United States v. Frank Amodeo

United States v. Frank Amodeo, Nos. 15-12643 & 16-15687 (February 21, 2019) The Court held that the defendant lacked standing to appeal a district court’s partial vacatur of the final forfeiture order in his case. The Court held that the defendant lost all of his rights in the forfeited property when the district court entered…

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United States v. Lee Saint Fleur

United States v. Lee Saint Fleur, No. 18-11309 (February 20, 2019), UNPUBLISHED The Court affirmed the district court’s denial of a motion to suppress based on the independent source doctrine. The officer’s affidavit in support of the application for a search warrant contained sufficient evidence to support probable cause based on his initial entry into…

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