United States v. Terin Moss

United States v. Terin Moss, No. 17-10473 (April 4, 2019) The Court vacated the defendant’s sentence after holding that a prior conviction under Georgia’s aggravated assault statute is not a “crime of violence” under the ACCA or Federal Sentencing Guidelines when the conviction is based on a simple assault with a mens rea of recklessness.…

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United States v. Willie Cooks

United States v. Willie Cooks, No. 18-10080 (April 3, 2019 The Court held that a warrantless search of a boarded-up crawlspace in the defendant’s house was reasonable based on exigent circumstances indicating there may have been hostages in the crawlspace. Officers had just arrested the defendant after a stand-off that included hostages and during which…

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Willie Seth Crain v. Florida

Willie Seth Crain, Jr. v. Secretary, Florida Department of Corrections and Attorney General, State of Florida; Nos. 15-14347 and 18-11604 (March 22, 2019) The Court held that it lacked subject matter jurisdiction to review the district court’s denial of a § 2254 petitioner’s motions for substitute counsel. The orders were not final orders under 28…

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United States of America v. St. Hubert

United States of America v. St. Hubert, No. 16-10874 (March 19, 2019), EN BANC A majority of the Court voted against granting a rehearing en banc. The Court produced three dissents and three opinions concurring in the decision to deny granting a rehearing en banc. 28 U.S.C. 2255 – Published opinions on federal prisoners’ applications…

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United States v. Reginald Gibbs

United States v. Reginald Gibbs, No. 17-12474 (March 6, 2019) The Court affirmed the denial of the defendant’s motion to suppress finding that the traffic stop leading to the search and seizure of the defendant’s firearm was reasonable despite the officers arriving with their guns drawn and the fact that the defendant was not the…

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