Episode #4 - Federal Criminal Case Law Update (August 22, 2022 - August 26, 2022)

The "Cite" of the Crime

EPISODE #4: Federal Case Law Update (8/22/22 - 8/26/22)

OVERVIEW

• 11 cases
• 2 published decisions
• 8 unpublished decisions
• 1 Florida Supreme Court Decision answering a certified question from the Eleventh Circuit

SPOTLIGHT CASE

Case # 1 - Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)
Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance. If yes, then Florida Trafficking can serve as a predicate offense for ACCA purposes.

Case #2 - USA v. Ifediba & Ozuligbo, No. 20-13218 (11th Cir. Pub. Dec.)(August 25, 2022)
Ifediba and Ozuligbo is a pill mill case involving several issues including the admissibility of evidence that the defendant engaged in legitimate medical treatment on some patients, the admissibility of evidence of cultural norms, jury misconduct, the sufficiency of medical records, in the absence of witness testimony, sufficiency of evidence, and the reasonableness of the sentence.

Case #3 - USA v. Utsick, Nom 16-16505 (11th Cir. Pub. Dec.)(August 22, 2022)
Utsick deals with what a district court can consider for sentencing purposes when a defendant is extradited pursuant to an agreement with another country that limits what crimes the defendant can be charged with.

Case #4 - USA v. Alexander, No. 21-12234 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Alexander challenges his Georgia Aggravated Assault conviction as a crime of violence under the guidelines and the denial of his motion for a downward departure.

Case #5 - USA v. Cosimano & Mencher, No. 19-14841 (11th Cir. Unpub. Dec.)(August 24, 2022)
Cosimano and Mencher involves conspiracy to commit murder involving two rival motorcycle clubs. Mr. Cosimano and Mr. Mencher raised various arguments including the sufficiency of the evidence, the predicate VICAR murder count as a 924(c) crime of violence, the denial to sever their trials, and the denial of a motion to suppress.

Case #6 - USA v. Fernandez, No. 19-15044 ((11th Cir. Unpub. Dec.)(August 22, 2022)
Fernandez involves 18 U.S.C. 201(b)(2)(C) which prohibits public officials from taking bribes. Mr. Fernandez challenges the district court's jury instruction on "official duties," the admission of federal regulations, prosecutor arguments, the sufficiency of the evidence and the reasonableness of his sentence.

Case #7 - USA v. Harack, No. 21-11771 (11th Cir. Unpub. Dec.)(August 25, 2022)
Ms. Harack appeals the district court's 180 month sentence, which was above the guidelines and the denial of her motion for a continuance.

Case #8 - USA v. Haynes, Jr., No. 19-12335 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Haynes argues on appeal that the district court erred in sentencing him as an Armed Career Criminal and that his Florida Resisting with Violence conviction is not a predicate offense for ACCA and that the trial court erred in treating two 2001 drug convictions as two separate ACCA predicate offenses.

Case #9 - USA v. Kim, No. 21-12406 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Kim argues that the U.S. committed Brady and Giglio violations.

Case #10 - USA v. Plummer, No. 21-13648 (11th Cir. Unpub. Dec.)(August 26, 2022)
Mr. Plummer argues that his sentence was procedurally and substantively unreasonable.

Case #11 - USA v. Taylor, No. 22-11745 (11th Cir. Unpub. Dec.)(August 22, 2022)
Taylor involves the Fugitive Disentitlement Doctrine where a defendant appeals while absconding.