Eleventh Circuit Archives – The Federal Docket

United States v. Ronald John Bankston, III (11th Cir. December 2019)

The Court held that selling body armor is not sufficient to warrant an enhancement for "using" body armor under U.S.S.G. § 3B1.5, which enhances a defendant's offense level if the defendant used body armor though “active employment in a manner to protect the person from gunfire” or “as a means of bartering.” The Court held that the definition of bartering applies to trading goods without the use of money.

United States v. Annamalai Annamalai (11th Cir. September 2019)

Among other rulings on other issues, the Court reversed the defendant's conviction for bankruptcy fraud, holding that the income from his second religious temple, opened after the first temple filed a petition for bankruptcy and providing the same services as the first temple, did not constitute post-petition property of the first temple's estate since the temples otherwise operated as two separate entities and the government did not try to pierce the corporate veil.

United States v. Dane Gillis (11th Cir. September 2019)

The Court affirmed the defendant's convictions for enticing a minor under § 2422(b) but reversed his conviction under § 373 for solicitation to commit a crime of violence, holding that kidnapping under § 1201(a) is not a "crime of violence" under the categorical approach applicable to § 373. The Court also held that the defendant's right to a complete defense was not violated by the trial court's proper rulings on the inadmissibility of the defense experts' testimony.

United States v. Alphonso I. Waters, Jr. (11th Cir. September 2019)

The Court affirmed the defendant's convictions for wire fraud, holding that the district court did not abuse its discretion in rejecting proposed jury instructions that distinguished a "scheme to defraud" from a "scheme to deceive," since the proposed instructions did not also include language defining an intent to harm based on a misrepresentation of the nature of the bargain.

United States v. Scott Rothstein (11th Cir. September 2019)

The Court held that the district court did not err by allowing the Government to withdraw its Rule 35 motion, as the plea agreement giving the Government discretion to file a motion for a sentence reduction also gave the Government discretion to later withdraw such a motion.

United States v. Ronald John Bankston, III (11th Cir. December 2019)

United States v. Annamalai Annamalai (11th Cir. September 2019)

United States v. Dane Gillis (11th Cir. September 2019)

United States v. Alphonso I. Waters, Jr. (11th Cir. September 2019)

United States v. Scott Rothstein (11th Cir. September 2019)

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