Justia Criminal Law Opinion Summaries

Robert Booker was convicted of four drug-distribution offenses and two firearm offenses, including possession of a firearm by a convicted felon. The case arose from a traffic stop where officers found drugs and a firearm in a truck where Booker was a passenger. Booker admitted ownership of the drugs and the firearm was found in the glove box. A drug ledger was also found, indicating drug transactions.In the district court, Booker filed a motion in limine to exclude evidence of his prior state drug convictions, which were based on guilty pleas entered under North Carolina v. Alford. The district court denied the motion, allowing the evidence to be admitted under Federal Rule of Evidence 404(b) to show intent, knowledge, and lack of mistake. Booker was convicted on all counts by a jury and sentenced to 185 months in prison.On appeal to the United States Court of Appeals for the Eleventh Circuit, Booker argued that the district court abused its discretion by admitting the prior convictions and by not giving his requested jury instruction. He also raised new arguments, including that the district court failed to question a juror about potential bias, the government improperly vouched for a witness, and the government introduced improper testimony about the drug ledger.The Eleventh Circuit affirmed the district court’s decisions. The court held that the prior convictions were properly admitted under Rule 404(b) as they were relevant to Booker’s intent to distribute drugs. The court also found no plain error in the district court’s handling of the juror issue, the prosecutor’s comments, or the admission of the drug ledger testimony. The court concluded that any potential errors were harmless given the overwhelming evidence of Booker’s guilt. View "USA v. Booker" on Justia Law

Detectives with the Fort Myers Police Department observed Alphonso Lataurean James engaging in suspected drug transactions at a gas station. James was seen wearing a cross-body bag, which he later took into a vehicle. After stopping the vehicle, detectives found the bag containing a handgun and ammunition. They also discovered drugs in the car, including fentanyl and cocaine. James admitted to possessing the bag but denied knowledge of the firearm. DNA testing linked James and others to the gun. James, a convicted felon, was charged with possession of a firearm by a convicted felon.The United States District Court for the Middle District of Florida sentenced James to ninety-two months in prison, applying a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense. James objected, arguing that the enhancement was improperly applied based on the Sentencing Guidelines' commentary. The district court overruled his objections, finding that the firearm was in close proximity to the drugs, thus meeting the "in connection with" requirement.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the phrase "in connection with" in U.S.S.G. § 2K2.1(b)(6)(B) is unambiguous and does not require deference to the Sentencing Guidelines' commentary. Despite the district court's error in relying on the commentary, the appellate court found that the district court's factual findings were sufficient to support the enhancement. The court affirmed James's sentence, concluding that he possessed the firearm in connection with drug trafficking. View "USA v. James" on Justia Law

Davion Rivers was convicted of possessing a firearm as a convicted felon and sentenced to 188 months in prison. Rivers appealed, arguing that the district court erred in denying his motions to suppress evidence and in sentencing him under the Armed Career Criminal Act (ACCA) without a jury determining whether his prior offenses occurred on different occasions.The district court denied Rivers's motions to suppress the firearm found on his person and a spent shotgun shell from his residence. The court found that the officers' approach to Rivers's residence was lawful under the knock-and-talk exception and that the search warrant for the residence was supported by probable cause. Rivers was convicted by a jury, and the district court applied the ACCA enhancement based on Rivers's prior drug offenses, finding that they occurred on different occasions.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed Rivers's conviction, finding no error in the denial of the suppression motions. The court held that the officers' approach to the residence was lawful and that the search warrant was supported by probable cause.However, the court vacated Rivers's sentence under the ACCA, citing the Supreme Court's decision in Erlinger v. United States, which requires that a jury, not a judge, must determine whether prior offenses occurred on different occasions. The court found that the district court's judicial fact-finding violated Rivers's constitutional rights and that the error was not harmless beyond a reasonable doubt. The case was remanded for resentencing consistent with the Supreme Court's ruling in Erlinger. View "United States v. Rivers" on Justia Law

Christin Bilotti was convicted of second-degree murder in Florida state court. After exhausting her appeals, she sought postconviction relief in Florida, which was denied. Bilotti then filed a federal habeas petition, which the district court also rejected. The Eleventh Circuit granted a certificate of appealability on two claims from Bilotti’s federal habeas petition: ineffective assistance of counsel for failing to preserve a religion-based challenge to a juror strike and for failing to object to jury instructions.The Florida intermediate appellate court initially reversed Bilotti’s conviction, citing a similar case involving her co-defendant, John Pacchiana, where the court found the state’s peremptory strike of a juror pretextual and improper. However, the Florida Supreme Court quashed this decision, ruling that the religion-based objection was not properly preserved at trial. On remand, the intermediate appellate court affirmed Bilotti’s conviction.In state postconviction proceedings, Bilotti argued that her trial counsel was ineffective for not preserving the religion-based Batson challenge and for not objecting to the jury instructions. The state postconviction court denied her claims, adopting the state’s arguments, and the appellate court affirmed without explanation.The Eleventh Circuit reviewed the case and found that even if Bilotti could show prejudice from her counsel’s failure to preserve the religion-based objection, she could not establish deficient performance. At the time of her trial, the law was unsettled on whether Batson extended to religion-based exclusions. The court also found that the jury instructions were substantively identical to Florida’s standard instructions, which had not been invalidated by the Florida Supreme Court. Therefore, counsel’s failure to object to these instructions was not deficient performance, nor was it prejudicial.The Eleventh Circuit affirmed the district court’s judgment, denying Bilotti’s habeas petition. View "Bilotti v. Florida Department of Corrections" on Justia Law

Jordan Pulido developed an online relationship with a 14-year-old Croatian girl, I.G., and, with the help of his father, Roberto Jimenez, traveled to Croatia to have sex with her. They later brought her to the United States, where Pulido continued to have sex with her. Pulido was indicted on multiple counts, including using the internet to entice a minor, traveling with intent to engage in illicit sexual conduct, and transporting a minor for sexual activity. Jimenez was indicted for conspiring to transport a minor for sexual activity.The United States District Court for the Middle District of Florida denied Pulido's pre-trial motions to dismiss the indictment, suppress evidence, and exclude testimony. Both defendants were convicted on all counts after a nine-day trial. Post-trial motions for acquittal, a new trial, and a mistrial were also denied. Jimenez received sentence enhancements for exercising undue influence and having custody or supervisory control over I.G.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court's decisions on most counts but vacated Pulido's conviction on the enticement count, finding the indictment duplicitous. The court held that the enticement count was not harmless and remanded for resentencing. The court also affirmed the district court's denial of Pulido's motion to suppress evidence from his electronic devices, holding that the border search exception applied. Additionally, the court found no fundamental unfairness in the translation irregularities during I.G.'s mother's testimony.For Jimenez, the court affirmed the denial of his motion for judgment of acquittal, finding sufficient evidence of his intent to transport I.G. for sexual activity. The court also upheld the denial of his motion for a mistrial based on Agent Garcia's testimony about his immigration status, concluding that the curative instruction mitigated any potential prejudice. Finally, the court affirmed the application of the sentencing enhancements for undue influence and custody or supervisory control. View "U.S. v. Pulido" on Justia Law

The case involves an FBI investigation into Jeffrey Alan Siegmeister, the State Attorney for the Third Judicial Circuit of Florida, and Marion Michael O'Steen, a defense attorney. The investigation began after Andy Tong, who was being prosecuted by Siegmeister, informed the FBI that O'Steen would have to pay Siegmeister $50,000 for a favorable case disposition. The investigation concluded with a grand jury indictment against Siegmeister and O'Steen, charging them with multiple counts, including conspiracy to engage in bribery and extortion.In the United States District Court for the Middle District of Florida, Siegmeister entered a plea agreement and pled guilty to several counts, including conspiracy and bribery. O'Steen stood trial on four counts. The jury found O'Steen not guilty on Counts One and Two but guilty on Counts Three and Four. The District Court sentenced O'Steen to concurrent prison terms of 44 months, followed by supervised release, and ordered him to pay fines and restitution.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court found that the jury instructions on Count Three were flawed, as they allowed for a conviction based on an incorrect legal theory. The court also determined that the evidence was insufficient to prove that O'Steen knew of the fifteen-day reporting requirement for filing Form 8300, as required by Count Four. Consequently, the Eleventh Circuit reversed the District Court's judgment and instructed the lower court to enter a judgment of acquittal for O'Steen. View "USA v. O'Steen" on Justia Law

Kh’Lajuwon Murat was released from prison and began his supervised release. The government petitioned the district court to revoke his supervised release due to seven alleged violations, including failing to submit truthful reports, unauthorized travel, associating with criminals, and committing new offenses. Murat admitted to three violations, and the district court revoked his supervised release, sentencing him to five months’ imprisonment and 54 months’ supervised release. The court held the remaining violations in abeyance.The district court held a second hearing on Murat’s final day of imprisonment to address the remaining violations. Murat challenged the court’s jurisdiction, but the court found for the government on one violation and dismissed the others. Murat was sentenced to an additional four months’ imprisonment and 48 months’ supervised release. Murat appealed, arguing that the district court lacked jurisdiction to adjudicate the remaining violations after the first revocation and that the second sentence was illegal.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the district court retained jurisdiction to adjudicate the remaining violations because the petition was filed before the first revocation. The court explained that revocation does not terminate the term of supervised release, and the district court’s jurisdiction continues during the defendant’s imprisonment. The court also found that the district court’s procedure of holding violations in abeyance and issuing separate revocation orders did not constitute plain error. The judgment and sentence of the district court were affirmed. View "USA v. Murat" on Justia Law

In 2000, Reginald Bertram Johnson abducted and raped 14-year-old C.A. at gunpoint. Following the assault, C.A. was examined by Dr. Scott Silla at a rape treatment center, where biological specimens were collected. Eight years later, a DNA match linked Johnson to the specimens. At trial, the prosecution introduced Dr. Silla’s report to support the chain of custody for the specimens, despite Johnson’s objection that the report’s admission violated the Confrontation Clause since Dr. Silla did not testify. Johnson was convicted and later filed a habeas corpus petition, which was denied.The Florida District Court of Appeal upheld Johnson’s convictions, ruling that the report was properly authenticated as a business record and that the Confrontation Clause was not violated because Johnson had the opportunity to cross-examine other witnesses involved in the collection and testing of the specimens. The Supreme Court of Florida and the U.S. Supreme Court denied further review. Johnson then exhausted his state post-conviction remedies.The United States Court of Appeals for the Eleventh Circuit reviewed the case, focusing on whether the admission of Dr. Silla’s report without his testimony violated Johnson’s confrontation rights. The court assumed, without deciding, that there was a Confrontation Clause violation but found that any error was harmless. The court concluded that other evidence, including the DNA match and testimonies from C.A., Nurse Carter, Detective Signori, and forensic analyst Sharon Hinz, provided significant corroboration. Thus, the court affirmed the denial of Johnson’s habeas petition, holding that Johnson could not prove actual prejudice from the report’s admission. View "Johnson v. Florida Dept. of Corrections" on Justia Law

In 1977, Steven Schreck escaped from an Oregon prison and assumed the identity of a deceased man, Eugene Sandburg. Schreck acquired a passport using Sandburg’s identity and continued to use this identity for decades, including when renewing his passport. In 2021, Schreck applied for a passport renewal using his real identifying information but submitted his 2011 passport, which contained Sandburg’s false birth details, and certified that he had not made false statements or included false documents in support of his application.A federal grand jury indicted Schreck on two counts: using a passport obtained by a false statement and making a false statement in a passport application. The United States District Court for the Southern District of Florida denied Schreck’s motion to dismiss the indictment and his motions for judgment of acquittal. The jury convicted Schreck on both counts, and the district court sentenced him to 12 months of probation.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that sufficient evidence supported Schreck’s conviction for using a passport obtained by a false statement, as submitting the 2011 passport with the renewal application constituted a “use” under 18 U.S.C. § 1542. The court also found that Schreck’s submission was willful and knowing, as he intentionally included the passport to meet the application requirements. Additionally, the court held that sufficient evidence supported Schreck’s conviction for making a false statement in a passport application, as the term “false documents” in the application covered documents containing untrue information. Schreck’s certification that he had not included false documents was found to be willful and knowing. The Eleventh Circuit affirmed Schreck’s convictions. View "USA v. Schreck" on Justia Law

Edward Thomas James, a Florida inmate sentenced to death, raped and strangled eight-year-old Toni Neuner and murdered Betty Dick by stabbing her in front of her grandchild. He then stole Dick’s belongings and car, traveling across the country and selling her possessions. James was arrested and gave two videotaped confessions. He pleaded guilty to two counts of first-degree murder and other crimes. A jury recommended the death penalty, and the trial court sentenced him to death. The Florida Supreme Court affirmed the death sentences, and the U.S. Supreme Court denied certiorari.James sought state postconviction relief in 1998, but later filed a pro se notice to dismiss his proceedings, which the trial court allowed after ensuring he understood the consequences. Years later, he sought to reinstate his postconviction proceedings, but the trial court denied this, and the Florida Supreme Court affirmed. In 2018, James petitioned for federal habeas relief, which was stayed while he exhausted state claims. The state trial court dismissed his successive motion for postconviction relief, and the Florida Supreme Court affirmed. The U.S. Supreme Court denied certiorari. The district court lifted the stay, and James filed an amended habeas petition, which was denied as untimely. The district court also denied a certificate of appealability and James’s motion for reconsideration.The United States Court of Appeals for the Eleventh Circuit reviewed the case. James filed a motion for reconsideration and an emergency motion to stay his execution, which were denied. He also filed a motion to amend his habeas petition or for relief from judgment under Rule 60(b), which the district court denied. The Eleventh Circuit denied James’s second motion to stay his execution, concluding he did not demonstrate a substantial likelihood of success on the merits or that the equities warranted a stay. The court emphasized the overwhelming evidence of James’s guilt and the public interest in the timely enforcement of his sentence. View "James v. Department of Corrections" on Justia Law