Justia Criminal Law Opinion Summaries

Three men were prosecuted for their roles in the fatal shooting of Ahmaud Arbery, a Black man, in the Satilla Shores neighborhood of Glynn County, Georgia. On February 23, 2020, Arbery was running through the neighborhood and stopped at a house under construction, which he had visited before. Gregory and Travis McMichael, who lived nearby, saw Arbery and, suspecting him of recent burglaries, armed themselves and pursued him in a truck. William Bryan, a neighbor, joined the chase in his own vehicle. The men used their trucks to block and pursue Arbery through public streets, ultimately leading to a confrontation in which Travis McMichael shot and killed Arbery.After being convicted of murder and other charges in Georgia state court and sentenced to life imprisonment, the defendants were tried in the United States District Court for the Southern District of Georgia. There, they were convicted of interference with rights under 18 U.S.C. § 245(b)(2)(B), attempted kidnapping under 18 U.S.C. § 1201(a)(1), and, for the McMichaels, firearm offenses under 18 U.S.C. § 924(c)(1)(A)(iii). The district court denied their motions for acquittal, finding sufficient evidence that the defendants acted because of Arbery’s race and his use of public streets, that the streets were provided or administered by the county, and that the attempted kidnapping was for a benefit and involved an instrumentality of interstate commerce.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the sufficiency of the evidence de novo. The court held that substantial evidence supported the jury’s findings on all challenged elements, including racial motivation, use of public facilities, and use of an automobile as an instrumentality of interstate commerce. The Eleventh Circuit affirmed all convictions. View "USA v. Bryan" on Justia Law

The case concerns a defendant who pleaded guilty to being a felon in possession of a firearm and ammunition after he and others entered a victim’s home, threatened him with a firearm, and stole his truck. When apprehended, law enforcement found ammunition on his person and a firearm in the stolen vehicle. The defendant had three prior Florida state convictions for delivery of cocaine, each involving small amounts sold to a confidential informant in early 2017.The United States District Court for the Middle District of Florida sentenced the defendant to 180 months in prison, applying the Armed Career Criminal Act (ACCA) enhancement. The court determined that his three Florida convictions for delivery of cocaine qualified as “serious drug offenses” under ACCA, using the version of Florida law in effect at the time of his convictions in August 2017, which excluded ioflupane from the definition of cocaine, thus matching federal law.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed whether the ACCA enhancement was properly applied. The appellate court held that, under Supreme Court precedent, the relevant comparison for the categorical approach is between the state law in effect at the time the defendant committed the state offenses and the federal drug schedules in effect at that time. In early 2017, Florida law defined cocaine to include ioflupane, while federal law did not, making Florida’s definition broader than the federal definition. Because Florida’s saving provision prevented the later narrowing of the law from applying retroactively, the mismatch remained. The Eleventh Circuit concluded that the defendant’s Florida convictions did not qualify as ACCA predicates, vacated the sentence, and remanded for resentencing without the ACCA enhancement. View "USA v. Miller" on Justia Law

The case concerns a defendant who was charged with four federal sex-trafficking offenses involving two victims, one an adult and the other a minor. The defendant, who identified himself as a pimp, transported both victims from Atlanta to Miami in advance of the 2020 Super Bowl, intending for them to perform sex work. The adult victim testified that she was threatened and coerced into working for the defendant, while the minor victim, who was seventeen, did not testify at trial. Evidence included social media posts, communications between the defendant and the victims, and testimony about the defendant’s control over the victims. The minor victim was apprehended during a police sting operation in Miami, and her statements to police were admitted at trial despite her absence as a witness.The United States District Court for the Southern District of Florida presided over the trial. The jury convicted the defendant on all four counts: sex trafficking of the adult victim by force and coercion, transporting the adult victim to engage in sexual activity, sex trafficking of the minor victim, and transporting the minor victim to engage in sexual activity. The defendant was sentenced to 300 months in prison and ten years of supervised release. He appealed, arguing that the admission of the minor victim’s statements violated the Confrontation Clause and hearsay rules, that the jury instructions for two counts constructively amended the indictment, and that the evidence was insufficient for two counts.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the minor victim’s statements were nontestimonial and thus did not violate the Confrontation Clause, and that any hearsay error was harmless. The court found that while the jury instructions for two counts constructively amended the indictment, these errors did not amount to plain error. The court also concluded that sufficient evidence supported all convictions. The Eleventh Circuit affirmed the convictions. View "USA v. Carter" on Justia Law

In 2004, Clemente Javier Aguirre-Jarquin was arrested and later convicted for the murders of his neighbors, Cheryl Williams and Carol Bareis, in Altamonte Springs, Florida. The investigation by Seminole County Sheriff’s Office (SCSO) focused on Aguirre after bloody clothing and a knife were found near his residence, and forensic analysis by Donna Birks, a latent print examiner, identified Aguirre’s palm print on the murder weapon. Aguirre was tried and sentenced to death in 2006. Over the next decade, new evidence emerged: a 2007 investigation revealed misconduct in the SCSO Latent Print Unit, undermining the reliability of the fingerprint identification, and post-conviction DNA testing failed to link Aguirre to the crime scene but implicated Samantha Williams, the victims’ daughter and granddaughter, who later confessed to involvement in the murders.The Seminole Circuit Court denied Aguirre’s initial motion for a new trial, finding the evidence against him overwhelming. The Supreme Court of Florida affirmed this denial. However, after further post-conviction investigation and new DNA evidence, the Supreme Court of Florida vacated Aguirre’s convictions and ordered a new trial. In 2018, the State dropped all charges against Aguirre.Aguirre then filed suit in the United States District Court for the Middle District of Florida against Birks, lead investigator Robert Hemmert, crime scene analyst Jacqueline Grossi, and the Seminole County Sheriff, alleging violations of his constitutional rights under 42 U.S.C. § 1983 and state law claims. The District Court denied qualified immunity to Birks, Hemmert, and Grossi on several counts and denied state-law immunity to Hemmert and Grossi.On appeal, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of qualified immunity to Birks on the fabrication of evidence claim and affirmed the denial of state-law immunity to Hemmert and Grossi for intentional infliction of emotional distress. However, the court reversed the denial of qualified immunity to Birks and Hemmert on the malicious prosecution claim and to Hemmert and Grossi on the claim of inadequate investigation, finding no clearly established law requiring the investigation to eliminate all doubts. The case was remanded for further proceedings. View "Aguirre-Jarquin v. Hemmert" on Justia Law

Casa Express Corp. obtained a $40 million judgment in the Southern District of New York against the Bolivarian Republic of Venezuela for unpaid bonds and a global note. After Venezuela failed to pay, Casa sought to enforce the judgment in Florida by targeting eight Miami properties owned by corporate entities allegedly controlled by Raul Gorrin Belisario. Casa claimed that Gorrin, through a bribery and currency-exchange scheme involving Venezuelan officials, used misappropriated Venezuelan funds to purchase these properties, and argued that the properties should be subject to a constructive trust in favor of Venezuela.Casa registered the New York judgment in the United States District Court for the Southern District of Florida and initiated supplementary proceedings under Florida law, seeking to execute the judgment against the properties. Casa impleaded Gorrin, several individuals, and six corporate entities as third-party defendants. The defendants moved for judgment on the pleadings, arguing, among other things, that the district court lacked ancillary jurisdiction over Casa’s claims. The magistrate judge recommended dismissal for lack of ancillary jurisdiction, and the district court adopted this recommendation, also finding a lack of personal jurisdiction over Gorrin. Casa appealed.The United States Court of Appeals for the Eleventh Circuit held that the district court lacked ancillary jurisdiction over Casa’s supplementary proceedings. The court reasoned that Casa’s action sought to impose liability on third parties not previously found liable for the New York judgment and was based on new facts and legal theories unrelated to the original breach of contract claims against Venezuela. The Eleventh Circuit affirmed the district court’s jurisdictional ruling, vacated its alternative merits rulings, and remanded with instructions to dismiss the case without prejudice for lack of subject matter jurisdiction. View "Casa Express Corp v. Bolivarian Republic of Venezuela" on Justia Law

Two individuals, both members of the Gangster Disciples gang, were prosecuted for their roles in a series of violent crimes in Georgia. The Gangster Disciples is a national criminal organization with a hierarchical structure, engaging in various illegal activities. The case centered on the aftermath of a gang member’s murder, which led to retaliatory killings. One defendant, Green, was implicated in the murders of two individuals believed to have violated gang rules, while the other, Chambers, was involved in orchestrating and carrying out another murder, as well as enforcing gang discipline.The United States District Court for the Middle District of Georgia presided over the joint trial of Green, Chambers, and a third co-defendant. The jury convicted Green of participating in a RICO conspiracy, finding he committed or aided in two murders. Chambers was convicted of RICO conspiracy, violent crime in aid of racketeering (VICAR murder), use of a firearm during a crime of violence, and causing death with a firearm. Chambers received two consecutive life sentences plus an additional term, while Green was sentenced to life imprisonment. Chambers’ attempts to delay the trial, including self-representation and last-minute requests for counsel, were denied by the district court, which found his actions to be calculated efforts to disrupt proceedings. Both defendants challenged their convictions and sentences on various grounds, including evidentiary rulings, jury procedures, and sentencing issues.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the evidence was sufficient to support Green’s RICO conspiracy conviction and that the admission of wiretap evidence, co-conspirator statements, and other challenged exhibits was proper. The court found no abuse of discretion in denying Chambers’ motion for a continuance or in the use of an anonymous jury and shackling procedures. Sentencing and restitution decisions were also affirmed. The Eleventh Circuit affirmed all convictions and sentences, finding no reversible error. View "USA v. Green" on Justia Law

Eduardo Ulises Martinez was investigated by the U.S. Fish & Wildlife Service after a tip that he was traveling internationally and possibly bringing back ivory. Upon his return to Miami International Airport, Customs and Border Protection found three ivory pieces in his luggage, which he initially denied were ivory. Subsequent searches of his home and business uncovered numerous sculptures containing ivory. Martinez, an experienced art dealer, admitted knowing about the legal requirements to declare ivory imports and exports but had not done so. The government charged him with multiple counts of smuggling ivory into and out of the United States, as well as obstruction of justice for attempting to influence a witness’s testimony and misrepresent the provenance of seized items.The United States District Court for the Southern District of Florida denied Martinez’s pretrial motion to dismiss the smuggling charges, rejecting his argument that the antique and de minimis exceptions to ivory import/export restrictions absolved him of the duty to declare the items. The court also granted the government’s motion in limine to exclude evidence about these exceptions, finding them irrelevant to the smuggling charges. At trial, Martinez was convicted on most counts, except for three on which he was acquitted. His post-trial motions for acquittal and a new trial were denied, and he was sentenced to 51 months’ imprisonment, with the court adopting the government’s valuation of the seized statues.On appeal, the United States Court of Appeals for the Eleventh Circuit affirmed Martinez’s convictions and sentence. The court held that the antique and de minimis exceptions did not eliminate the obligation to declare ivory, and evidence about them was properly excluded. The court also found no error in the exclusion of certain interview statements, the sufficiency of the evidence for obstruction of justice, the government’s closing argument, or the sentencing methodology and valuation. The judgment of the district court was affirmed. View "USA v. Martinez" on Justia Law

The defendant was indicted in 2017 on multiple federal charges related to the online enticement of minors and child pornography. He and the government jointly requested a psychiatric evaluation due to his autism and developmental history. Two competency hearings were held, one in 2019 and another in 2021, with expert testimony from psychologists and psychiatrists. The experts agreed he was autistic, but disagreed on his competency to stand trial. The defense argued that his autism and related impairments rendered him unable to understand the proceedings or assist in his defense, while government experts found him competent.After the first hearing, the magistrate judge recommended finding the defendant incompetent, but the United States District Court for the Middle District of Florida rejected this recommendation and found him competent, emphasizing his ability to understand the legal process and consult with counsel. The defendant later signed a plea agreement but requested a second competency hearing before entering a guilty plea. At the second hearing, new expert testimony was presented, and the magistrate judge recommended finding him competent. The district court adopted this recommendation, overruled the defendant’s objections, and accepted his guilty plea, sentencing him to 156 months in prison.On appeal to the United States Court of Appeals for the Eleventh Circuit, the defendant argued that the lower courts erred by placing the burden of proving incompetency on him and that the evidence showed he was not competent. The Eleventh Circuit held that the allocation of the burden of proof was immaterial because the evidence was not in equipoise; the district court’s finding of competency was not clearly erroneous. The court also rejected the argument that a higher standard of “decisional competency” applied, affirming that the correct standard was the ability to understand the proceedings and assist in the defense. The conviction was affirmed. View "USA v. Marks" on Justia Law

In the summer of 2017, an individual and two accomplices committed a series of armed robberies at Walmart stores in Florida, following a consistent pattern of masked, armed entry, coercion of store managers to access cash, and escape in stolen vehicles. The group obtained approximately $100,000 in total. After law enforcement apprehended the accomplices, one of whom was the individual’s cousin, evidence including cell phone data and testimony from a cooperating accomplice implicated the individual. He was indicted on five robbery and firearm charges.The case proceeded to trial in the United States District Court for the Middle District of Florida. The defendant, represented by an attorney who was later disbarred, rejected two plea offers and maintained his innocence, asserting alibis for each incident. His attorney unsuccessfully attempted to secure the cousin’s testimony and sought continuances, which the court denied. At trial, the government presented testimony from the cooperating accomplice and cell phone evidence. The defendant testified in his own defense, denying involvement. The jury convicted him on all counts, and he was sentenced to 319 months’ imprisonment. His direct appeal was affirmed by the United States Court of Appeals for the Eleventh Circuit, which found no arguable issues for review.Subsequently, the defendant filed a motion under 28 U.S.C. § 2255, alleging ineffective assistance of counsel for misadvising him about plea offers and failing to call his cousin as a witness. The district court denied the motion without an evidentiary hearing. On appeal, the United States Court of Appeals for the Eleventh Circuit held that, although counsel’s performance was deficient, the defendant failed to show prejudice as required by Strickland v. Washington. The court affirmed the district court’s denial of relief, concluding there was no reasonable probability that the outcome would have been different absent counsel’s errors. View "Catrell Ivory v. USA" on Justia Law

Law enforcement officers obtained and executed a search warrant for “4279 Violet Circle, Lake Worth, FL,” believing it to be a single-family home occupied by the defendant. In reality, the property included a main residence and three efficiency apartments at the back, one of which was occupied by the defendant. These apartments had no separate addresses, mailboxes, or exterior markings. During the search, officers were directed by other residents to the defendant’s apartment, where they found firearms and drugs. The defendant was subsequently charged with multiple firearm and drug offenses.The defendant moved to suppress the evidence, arguing that the warrant was defective under the Fourth Amendment because it listed only the main address and not his specific apartment. The United States District Court for the Southern District of Florida held an evidentiary hearing, credited the testimony of the investigating officer, and found that the officers reasonably believed the property was a single-family home based on surveillance, property records, and the lack of distinguishing features for the apartments. The magistrate judge recommended denying the motion to suppress, and the district court adopted this recommendation. The defendant was found guilty after a stipulated-facts bench trial and sentenced to 144 months’ imprisonment.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the denial of the motion to suppress. The court held that the search warrant satisfied the Fourth Amendment’s particularity requirement because the officers reasonably believed, after a diligent investigation, that the property was a single-family home. The court found no evidence that the officers knew or should have known about the separate apartments before executing the warrant. The court affirmed the denial of the motion to suppress and remanded for correction of a clerical error in the judgment. View "United States v. Schmitz" on Justia Law