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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Irma Ovalles v. United States

Irma Ovalles v. United States, No. 17-10172 (October 9, 2018) On remand after the Court’s en banc decision in Ovalles, the panel held that Ms. Ovalles’s attempted car-jacking was a “crime of violence” under § 924(c)(3)(A)’s elements clause, as it requires that a defendant have an intent to cause death or bodily harm and that…

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Irma Ovalles v. United States (en banc)

Irma Ovalles v. United States, en banc, No. 17-10172 (October 4, 2018) The Court held that the residual clause of § 924(c), which defines a “crime of violence,” was not void-for-vagueness after invoking the canon of constitutional doubt to support a narrower reading of the provision, one that qualifies a defendant’s offense as a “crime…

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