Eleventh Circuit

United States v. Matthew Caniff, No. 17-12410 (February 15, 2019) The Court affirmed the defendant’s conviction under 18 U.S.C. § 2251(d), holding that the defendant “made a notice” requesting child pornography when he sent a text message soliciting naked pictures from an undercover agent posing as a minor. The Court also found sufficient evidence that […]

United States v. Valois, et al., No. 17-13535 (February 12, 2019) Two groups of individuals were intercepted by the Coast Guard and prosecuted separately for drug trafficking on the high seas. The Court affirmed the second group’s convictions, holding that a mistrial was not warranted based on the prosecutor’s references to a conspiracy between the […]

United States v. Enrique Montano-Garcia, No. 17-11773 (February 5, 2019), UNPUBLISHED The Court held that the sentencing court erred in attributing to the defendant the entire drug quantity found at his co-conspirator’s apartment because the court failed to make a finding that the defendant, a drug courier, agreed to participate in the co-conspirator’s broader criminal […]

The Court affirmed the defendant’s convictions for bank fraud and aggravated identity theft. Evidence that the bank in question had been federally insured before the fraud offense and shortly thereafter was sufficient to prove the bank was insured at the time of the offense. In identify fraud cases, the government only has to prove a defendant used another’s identity to accomplish some purpose, and there is no requirement that a defendant use the identity to impersonate another or act on their behalf.

The Court reversed the district court’s denial of petitioner’s § 2254 motion, finding that petitioner received ineffective assistance of counsel when trial counsel failed to object or move for a mistrial after the court coerced a deadlocked jury into reaching a verdict. In response to reports that a lone juror was holding out, the trial court issued a formal Allencharge, three additional instructions to continue deliberating, and removed all of the reading material from the jury room after hearing that the holdout juror was doing crossword puzzles.

The Court affirmed the defendant’s conviction, holding that the trial court did not abuse its discretion in admitting an expert’s testimony concerning DNA evidence where the expert’s methodology was reliable and any abuse of discretion was harmless. The Court also declined to consider new evidence that only became available after the defendant’s conviction.

The Court affirmed the district court’s denial of a motion to suppress, holding that the traffic stop at issue was not unlawfully prolonged but rather became a consensual encounter. The Court held that a reasonable person would have felt free to leave based on the circumstances, which included the patrolman issuing the defendant a written warning and the defendant subsequently asking questions about where to fix his vehicle after receiving the warning.

The Court affirmed the defendant’s conviction for carrying a firearm in furtherance of a drug crime under § 924(c), holding that there was sufficient evidence of the nexus between the firearm and drug trafficking given the firearm’s proximity to the drugs and proceeds, its accessibility, and the government’s evidence that drug traffickers frequently use firearms in connection with drug offenses.

The Court overruled its prior “overall reasonableness” standard for prolonged stops and held that officer’s traffic stop was unreasonably prolonged by the officer asking questions unrelated to the stop. The Court further held that the good faith exception made suppression unwarranted despite the government waiving this issue on appeal.

The Court affirmed the denial of a defendant’s second § 2255 motion which alleged that the defendant’s conviction under the residual clause of § 924(c) was unconstitutional. The Court held that the defendant’s motion was not based on a “new rule of constitutional law” given this Court’s holdings in Ovalles II and In Re: Garrett.