Justia Criminal Law Opinion Summaries

Ephren Taylor, II, formerly CEO of City Capital Corporation, was indicted in 2014 for orchestrating a fraudulent investment scheme that targeted African American and Christian communities. Taylor promoted investments and promissory notes, misrepresenting their returns and using new investor funds to pay business expenses, resulting in losses exceeding $16 million for over 400 victims. He pleaded guilty to conspiracy to commit wire and mail fraud and was sentenced to 235 months in prison, later reduced to 223 months, with restitution ordered.Taylor filed a pro se motion under 28 U.S.C. § 2255 in the United States District Court for the Northern District of Georgia, alleging ineffective assistance of counsel and various judicial errors. The District Court, after adopting a magistrate judge’s report and recommendation, denied the motion, finding Taylor’s claims either procedurally defaulted, waived, or unsupported by the record. Taylor’s subsequent Rule 59(e) and Rule 60(b) motions were also denied, and he filed multiple additional motions, including to amend or supplement his § 2255 petition and to modify conditions of supervised release. The District Court denied these later motions, determining they were unauthorized second or successive filings under 28 U.S.C. §§ 2244(b) and 2255(h), and that it lacked jurisdiction due to Taylor’s pending appeal.On appeal, the United States Court of Appeals for the Eleventh Circuit affirmed the District Court’s denial of Taylor’s motions to reopen, supplement, and amend his original § 2255 motion, holding they were unauthorized second or successive filings barred by AEDPA’s gatekeeping provisions. The Eleventh Circuit also affirmed that Taylor’s challenges to the legality or constitutionality of his supervised release conditions could not be raised under 18 U.S.C. § 3583(e)(2). However, the court vacated the District Court’s denial of Taylor’s motion to modify conditions of supervised release and remanded for consideration of the relevant statutory factors. View "United States v. Taylor" on Justia Law

Joshua Gaines pleaded guilty in Alabama state court to receiving stolen property in the third degree, a Class D felony under Alabama law. Due to his criminal history, Alabama statutes at the time prohibited the court from sentencing him to any actual prison time for this offense. Instead, Gaines received a 24-month suspended sentence and was placed on probation for two years, with the possibility of community corrections or other non-prison alternatives, but not incarceration in a prison or jail. After his conviction, Gaines was notified that federal law prohibited him from possessing a firearm. Six months later, he was found in possession of a gun and admitted ownership.The United States District Court for the Northern District of Alabama tried Gaines on two counts: possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1), and possession of an unregistered firearm. After the government rested, Gaines moved for a judgment of acquittal, arguing that his prior conviction did not meet the federal statute’s requirement. The district court denied the motion, and the jury convicted him on the § 922(g)(1) count but acquitted him on the other. Gaines was sentenced to 51 months in prison and three years of supervised release.The United States Court of Appeals for the Eleventh Circuit reviewed the case and held that § 922(g)(1) requires a defendant-specific inquiry: the statute applies only if the defendant was actually subject to a sentence of more than one year of imprisonment in a prison or jail. Because Alabama law precluded any prison time for Gaines’s offense, his conviction did not qualify. The Eleventh Circuit vacated Gaines’s conviction and remanded with instructions to grant his motion for judgment of acquittal. View "USA v. Gaines" on Justia Law

The case centers on allegations that Okaloosa County, the sponsor of Destin Executive Airport, and Jay Odom, a fixed-base operator, violated federal and Florida False Claims Acts. The dispute arose after Odom, who owned Destin Jet, allegedly acquired the only competing fixed-base operator, Miracle Strip Aviation (later Regal Air), resulting in a single entity controlling all aeronautical services at the airport. Despite this consolidation, the County continued to certify to the Federal Aviation Administration (FAA) that it was not granting any exclusive rights, a requirement for receiving federal funding. In 2019, Robert Smith, a pilot and relator, sought to establish a competing fixed-base operator but was denied by the County, prompting him to file suit alleging false certifications in grant applications.The United States District Court for the Northern District of Florida dismissed Smith’s amended complaint with prejudice. The court found that the False Claims Act’s public disclosure bar applied because the essential allegations had already been reported in two 2014 news articles, which described the consolidation and the resulting grant assurance violations. The district court also determined that Smith’s complaint failed to meet the heightened pleading standard for fraud and denied his request for leave to further amend the complaint.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the dismissal de novo. The Eleventh Circuit held that Smith’s claims were barred by the False Claims Act’s public disclosure provision, as the news articles had already disclosed substantially the same allegations. The court further found that Smith was not an original source of the information, as his additional details did not materially add to the public disclosures. The Eleventh Circuit affirmed the district court’s dismissal and its denial of leave to amend, concluding that any amendment would be futile. View "Smith v. Odom" on Justia Law

A defendant was indicted for his role in a drug-trafficking organization operating across California, Georgia, and Nevada. He pleaded guilty to illegal reentry but not guilty to other charges, including conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana. At trial, the district court, over the defendant’s objection, empaneled an anonymous jury, concealing jurors’ names but allowing some personal information to be shared during voir dire. The government presented evidence of the defendant’s involvement in transporting cash and marijuana, and the defendant testified in his own defense, admitting to marijuana sales in California but denying involvement in the broader conspiracy alleged.The United States District Court for the Northern District of Georgia presided over the trial. The jury convicted the defendant of conspiracy to possess with intent to distribute less than 100 kilograms of marijuana and possession with intent to distribute marijuana, but acquitted him on money-laundering and firearm charges. At sentencing, the court attributed a significant drug quantity to the defendant, considered evidence including conduct for which he was acquitted, and imposed concurrent sentences of 120 months on each count, below the calculated guideline range. The defendant objected to the use of acquitted conduct and the calculation of the guideline range, but the court overruled these objections.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that any error in empaneling an anonymous jury was harmless because several factors justified the measure and the court minimized prejudice. The appellate court also found no abuse of discretion in refusing a multiple-conspiracies instruction, held that considering acquitted conduct at sentencing was permissible under existing precedent, and concluded that the sentence imposed was both substantively and procedurally reasonable. The Eleventh Circuit affirmed the convictions and sentence. View "United States v. Touray" on Justia Law

Law enforcement officers in Baldwin County, Alabama, stopped a vehicle for a traffic violation and discovered three occupants: Timothy Buchanan, Jaleeshia Robinson, and Tyre Crawford. A search of the vehicle revealed forged and stolen identification cards, credit cards, and checks, as well as equipment for producing counterfeit checks. Buchanan admitted to cashing fraudulent checks using stolen or forged identification, and evidence showed he was in frequent communication with his co-defendants about the scheme. Robinson, who cooperated with the government, testified that Buchanan’s role was to cash checks, while she and Crawford created the fraudulent documents and stole checks from mailboxes.The United States District Court for the Southern District of Alabama presided over Buchanan’s jury trial. The jury acquitted him of one count of aggravated identity theft but convicted him on conspiracy to commit bank fraud, possession of five or more identification documents with intent to use or transfer, possession of counterfeited or forged securities, a second count of aggravated identity theft, and possession of stolen mail. The district court sentenced Buchanan to 116 months’ imprisonment and ordered restitution. Buchanan challenged the sufficiency of the evidence for several convictions, the application of a sentencing enhancement for sophisticated means, and the calculation of restitution.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It affirmed Buchanan’s convictions, holding that sufficient evidence supported his convictions under an aiding and abetting theory, and that his aggravated identity theft conviction was not plainly erroneous under Dubin v. United States, 599 U.S. 110 (2023), because the use of another’s identification was central to the predicate offense. However, the court vacated the sentence in part, finding error in the application of the sophisticated means enhancement and in the restitution calculation, and remanded for further proceedings on those issues. View "United States v. Buchanan" on Justia Law

Stewart and Michael Parnell were involved in the management and sales operations of Peanut Corporation of America (PCA), which produced peanut products in Georgia. In 2009, PCA’s plant was identified as the source of a nationwide salmonella outbreak, resulting in over 700 illnesses and nine reported deaths. Evidence at trial showed that the Parnells knowingly shipped untested or contaminated peanut products with fraudulent certificates and failed to notify customers when contamination was discovered. The outbreak had significant health and economic impacts, particularly in southwest Georgia, a major peanut-producing region.The Parnells were indicted on multiple counts related to food adulteration, misbranding, fraud, and obstruction of justice. Their joint trial took place in the Albany Division of the Middle District of Georgia, where both were convicted on most counts and sentenced to lengthy prison terms. The United States Court of Appeals for the Eleventh Circuit affirmed their convictions and sentences on direct appeal. Subsequently, each filed a motion under 28 U.S.C. § 2255 in the United States District Court for the Middle District of Georgia, arguing, among other things, that their trial counsel was ineffective for not seeking a change of venue due to presumed jury prejudice from pretrial publicity. The district court denied both motions, finding the attorneys’ decision was a reasonable strategic choice.On appeal, the United States Court of Appeals for the Eleventh Circuit considered whether presumed jury prejudice under Skilling v. United States, 561 U.S. 358 (2010), could establish both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984), for an ineffective assistance claim. The court held that a presumption of jury prejudice does not automatically establish deficient performance; both prongs of Strickland must be independently satisfied. The court found the defense teams’ strategic decision not to seek a venue change was reasonable and affirmed the denial of § 2255 relief. View "Parnell v. USA" on Justia Law

Over a ten-day period in April 2020, a series of armed robberies targeted MetroPCS stores in the Miami area. The perpetrator, later identified as Francisco Louis, used a consistent method and attire, including a black Mercedes with a distinctive dent. After a police chase, Louis was apprehended, and evidence linking him to the robberies was recovered from his car, satchel, and residence. He was charged with six counts of Hobbs Act robbery.After his arrest, Louis spent several months in state custody before being transferred to federal custody in January 2021. The United States District Court for the Southern District of Florida granted four government-requested continuances for his arraignment and indictment, citing COVID-19 pandemic restrictions. Louis was indicted in April 2021, and his trial was initially set for August 2021. However, Louis, through counsel, requested three additional continuances to prepare for trial, resulting in the trial beginning in March 2022. He was convicted on all counts and sentenced to 218 months in prison.On appeal to the United States Court of Appeals for the Eleventh Circuit, Louis argued violations of both the Speedy Trial Act and the Sixth Amendment’s speedy trial guarantee, as well as challenges to the sufficiency of the evidence, jury instructions, and certain evidentiary rulings. The Eleventh Circuit held that Louis had waived his statutory Speedy Trial Act claim by failing to file a valid motion to dismiss before trial. Regarding the Sixth Amendment claim, the court found that although the delay was presumptively prejudicial, the reasons for delay were attributable to the pandemic and Louis’s own requests, and he failed to show actual prejudice. The court also rejected his other challenges and affirmed the conviction and sentence. View "USA v. Louis" on Justia Law

Federal agents in Florida posted fake online advertisements for underage girls on a website known for sex trafficking. Ralph Tovar responded to one of these ads, persistently contacting the number provided and expressing interest in meeting two girls, aged thirteen and fifteen, for sex. He negotiated the terms, including additional illegal acts for extra payment, and arranged to meet at a hotel, where he paid $550 to an undercover agent for a room key. Tovar was arrested immediately after the transaction. He was indicted on two counts of attempted sex trafficking of a minor and one count of attempted coercion and enticement of a minor to engage in sexual activity. At trial, Tovar claimed he intended to “save” the girls, not exploit them, but the jury found him guilty on all counts.The United States District Court for the Southern District of Florida denied Tovar’s motions for judgment of acquittal, finding sufficient evidence that he knowingly attempted to engage in sex trafficking of minors. The court also rejected his arguments regarding the sufficiency of the government’s proof on the interstate-commerce element, the propriety of the jury instructions, and alleged prosecutorial misconduct during closing arguments.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed Tovar’s new arguments. The court held that the interstate-commerce element of 18 U.S.C. § 1591(a)(1) is not jurisdictional but a substantive element, and thus reviewed for plain error. The court found no error, holding that Tovar’s use of the internet and a cell phone to arrange the transaction satisfied the “in or affecting interstate commerce” requirement. The court also found the jury instructions proper and no prosecutorial misconduct. The Eleventh Circuit affirmed Tovar’s conviction. View "United States v. Tovar" on Justia Law

An American accountant and financial executive, who worked extensively in Russia, was investigated for failing to timely file U.S. tax returns and for concealing substantial assets in Swiss bank accounts. He received millions of dollars in compensation, which he deposited in Swiss accounts held under nominee names. After being notified by Swiss banks of compliance requirements, he transferred accounts and listed his then-wife as the beneficial owner. He did not file timely tax returns or required Foreign Bank Account Reports (FBARs) for several years, later attempting to participate in the IRS’s Streamlined Foreign Offshore Procedures by certifying his failures were non-willful. However, he omitted at least one account from his 2014 FBAR.A grand jury in the Middle District of Florida indicted him on multiple tax-related charges. At trial, the jury convicted him on four counts: failure to file income tax returns for 2013 and 2014, making false statements on his Streamlined certification, and failure to file a compliant 2014 FBAR. The district court sentenced him to 86 months’ imprisonment and ordered over $4 million in restitution to the IRS.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the district court erred in tolling the statute of limitations for the 2013 and 2014 failure-to-file tax return charges because the government’s application for tolling did not specifically identify those offenses, nor did the court make the required findings. As a result, the convictions on those counts were reversed as time-barred. The court affirmed the denial of the motion to suppress evidence from the email search, finding no abuse of discretion in deeming the motion untimely. The court also found no constructive amendment or material variance regarding the FBAR charge. The sentence and restitution order were vacated and remanded for resentencing and further findings on restitution. View "United States v. Gyetvay" on Justia Law

Federal agents discovered that an individual was sharing files containing child pornography over a peer-to-peer network. After obtaining a search warrant, law enforcement searched his residence and seized several digital devices. Forensic analysis revealed that he had downloaded and shared over 300 images and 150 videos depicting minors engaged in sexually explicit conduct. He was indicted in the United States District Court for the Middle District of Florida on one count of possessing and accessing with intent to view child pornography involving a minor under twelve years of age. The defendant waived his right to a jury trial and proceeded to a bench trial based on stipulated facts, after which the district court found him guilty.Prior to sentencing, the United States Probation Office prepared a Presentence Investigation Report, which calculated his total offense level as 30, including a five-level enhancement for offenses involving 600 or more images. The calculation treated each video as equivalent to 75 images, based on Sentencing Commission commentary. The defendant objected, arguing that the guideline’s text did not support this interpretation, but the district court overruled the objection and imposed a sentence of 97 months’ imprisonment and 15 years of supervised release. The court also ordered restitution of $3,000 to each of thirteen victims, totaling $39,000, and denied the defendant’s request for a jury to determine restitution. The written judgment included standard conditions of supervised release, which were not individually enumerated at sentencing.The United States Court of Appeals for the Eleventh Circuit affirmed the district court’s judgment. The court held that the sentencing guideline unambiguously requires each video frame containing child pornography to be counted as one image, but since the defendant conceded that his conduct exceeded the threshold for the highest enhancement, the sentence was affirmed. The court also held that neither the Fifth nor Sixth Amendments require a jury to determine restitution amounts, and that the district court was not required to disaggregate losses caused by the initial abuse. Finally, the court found no error in the district court’s pronouncement of supervised release conditions. View "USA v. Kluge" on Justia Law