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. Stephanie Anor

United States v. Stephanie Anor, No. 17-15608 (February 20, 2019), UNPUBLISHED The Court vacated the defendant’s sentence after the sentencing court erred in attributing the conspiracy’s entire intended loss amount to the defendant. While the defendant was part of a broader fraudulent tax-return scheme, there was insufficient evidence that that she knew the extent of…

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United States v. Valois

United States v. Valois, et al., No. 17-13535 (February 12, 2019) Two groups of individuals were intercepted by the Coast Guard and prosecuted separately for drug trafficking on the high seas. The Court affirmed the second group’s convictions, holding that a mistrial was not warranted based on the prosecutor’s references to a conspiracy between the…

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United States v. Enrique Montano-Garcia

United States v. Enrique Montano-Garcia, No. 17-11773 (February 5, 2019), UNPUBLISHED The Court held that the sentencing court erred in attributing to the defendant the entire drug quantity found at his co-conspirator’s apartment because the court failed to make a finding that the defendant, a drug courier, agreed to participate in the co-conspirator’s broader criminal…

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United States v. Tremane Carthen, et al.

United States v. Tremane Carthen, et al., Nos. 16-17653 and 16-17753, (October 25, 2018) The Court affirmed the convictions of two defendants who were sentenced under § 924(c), holding that the district court did not err in admitting hearsay testimony from a co-conspirator or in excluding specific instances of the co-conspirators prior lies to impeach…

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