United States v. Michael St. Hubert

United States v. Michael St. Hubert, No. 16-10874, (November 15, 2018) The Court held that the defendant’s guilty plea did not waive his right to appeal his conviction on the ground that the language of his statute-of-conviction did not define an offense. The Court also held that attempted Hobbs Act Robbery is a “crime of…

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In re: Tracy Garrett

In re: Tracy Garrett, No. 18-13680-F, (November 2, 2018) The Court held that an application to file a successive motion under § 2255, brought by a defendant convicted under § 924(c) and based on Johnson and Dimaya, was not based on a “new rule of constitutional law,” since the Eleventh Circuit held en banc in…

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James Manuel Phillips, Jr. v. Warden

James Manuel Phillips, Jr. v. Warden, No. 14-11910, (October 31, 2018) The Court affirmed the district court’s order dismissing the petitioner’s § 2254 motion as time-barred, since the statute of limitations began running when the petitioner missed the deadline for appealing his conviction to the highest court in the state of conviction, and not after…

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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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United States v. Lourdes Garcia

United States v. Lourdes Garcia, No. 14-11845 (October 19, 2018) The Court affirmed the defendant’s conviction after the District Court judge allowed the Government to present inculpatory testimony in the absence of the Defendant and her Counsel, declining to apply the “structural error” standard to these types of errors and finding that the court’s error…

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