United States v. Stanislav Pavlenko

United States v. Stanislav Pavlenko, No. 17-15047 (April 22, 2019) The Court dismissed the defendant’s appeal, holding that it lacked jurisdiction to review an order dismissing the indictment against the defendant. Even though the order was explicitly based on the government’s promise to dismiss charges in exchange for the defendant’s agreement to leave the U.S.…

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United States v. Juan Fletcher Gordillo,

United States v. Juan Fletcher Gordillo, No. 18-12095 (April 17, 2019) The Court affirmed application of the enhancement for an offense involving a firearm “capable of accepting a large capacity magazine” where the firearm in question was in “close proximity” to a high capacity magazine as measured by its physical distance and accessibility. Sentencing Guidelines/Firearms…

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United States v. Tanganica Corbett

United States v. Tanganica Corbett, No. 18-13203 (April 17, 2019) The Court vacated the defendant’s sentence for identity fraud after holding that the sentencing court improperly enhanced the defendant’s offense level because it counted as victims individuals whose means of identification were stolen but not “used.” The Court affirmed the district court’s loss amount, holding…

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Hall v. Florida

Wyndel Hall v. Secretary, Department of Corrections and Attorney General, State of Florida, No. 18-10767 (April 12, 2019) The Court held that the district court erred in dismissing the petitioner’s § 2254 motion as untimely after he filed a defective postconviction motion in state court. The Court held that the petitioner’s amended motion related back…

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United States v. Ernest Vereen Jr

United States v. Ernest Vereen Jr., No. 17-11147 (April 5, 2019) The Court held that there is no “innocent transitory possession” defense to possession of a firearm by a convicted felon. The purposes and duration of a defendant’s possession of a firearm are irrelevant since § 922(g) is a general intent crime. Firearm Offenses/21 U.S.C.…

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