United States v. Alexis Hernandez

United States v. Alexis Hernandez, No. 17-15666 (October 26, 2018) The Court affirmed the defendant’s conviction, holding that the Rules of Evidence do not apply in § 851 hearings, and that the district court did not plainly err in applying the preponderance of evidence standard where the evidence established the defendant’s prior conviction beyond a…

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United States v. Lonnie Anthony Jones

United States v. Lonnie Anthony Jones, No. 17-12240 (October 25, 2018) The Court affirmed the defendant’s sentence after holding that defendant’s prior second-degree murder conviction was a “violent felony” under the ACCA’s elements clause. Violent Felony/ACCA – Second-degree murder in Florida constitutes a “violent felony” under the elements clause of the Armed Career Criminal Act.…

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Robert Randolph v. United States

Robert Randolph v. United States, No. 17-10620 (September 25, 2018) The Court affirmed the district court’s denial of the defendant’s § 2255 motion, holding that the defendant’s Johnson claim was not a “new rule of constitutional law that was previously unavailable” since the defendant included a Johnson claim in his first § 2255, which were…

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United States v. Jason Phifer

United States v. Jason Phifer, No. 17-10397 (September 21, 2018) The Court reversed a defendant’s conviction for possession with the intent to distribute ethylone. At issue was whether ethylone is a “positional isomer” of butylone, which would therefore make it an illegal controlled substance. The DEA asserted that it was, pursuant to its regulations defining…

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