Circuit Court Opinions

The First Circuit rejected the defendants’ argument that the Government had failed to prove that the defendants had “obtained” property from another because the investor’s interest was intended for a friend and not the defendants. The Court also rejected the defendants’ argument that the investor’s interest in the clinic was not “property” under the Hobbs Act because it was not profitable at the time of the attempted extortion and that a “heightened showing” of an effect on interstate commerce is required when the victim is an individual rather than a business.

The Court agreed that the initial warrant by local law enforcement failed to particularize that computers, electronics, or phones were to be seized, so the seizure of the phone was improper. However, the Court held that the evidence was admissible under the good faith exception, since the federal agents that later acquired the phone from the local police and executed a search warrant did not know the police seized it unlawfully (as they had held on to the phone for a year) and since the applicability of the warrant to cell phones was a close question.

The Court held there was sufficient evidence to convict the defendant of fraud despite her not handling any reimbursement requests based on her role as supervisor at one of the Foundation’s learning centers, her knowledge of the actual costs, and evidence supporting a “reasonable inference that Rosie knew of the overbilling scheme,” including that she was married to one co-conspirator and the daughter of another.

The Court held that the state court’s ruling that the defendant’s third conviction for murder was not barred by the double jeopardy clause was not contrary to clearly established law as stated in the Supreme Court’s holding Ashe v. Swenson, since Ashe applies to prosecutions following general acquittals for the same conduct, not convictions, even where a defendant is convicted on a lesser-included offense.

The Court held that the defendant had waived his right to appeal through his plea agreement with the Government despite the Government joining his objection to the district court that the sentence imposed was unreasonable.

Citing other circuits, the Eleventh Circuit held for the first time that the application of § 4B1.5(b)(1) does not require multiple victims and can be applied to a defendant who engages in a pattern of prohibited sexual conduct with the same minor.

Sixth Amendment/Confrontation Clause – There was no confrontation clause violation when law enforcement agent testified that the victims refused to testify because they feared humiliation since their statements regarding why they would not testify were not testimonial. However, the mens’ reasons for visiting the defendant’s apartment were testimonial statements since they were made in response […]

The Court held that a knock-and-talk violation does not mandate suppression when a valid search warrant exists and the knock-and-announce violation has “nothing to do with the seizure of the evidence.” Here, the warrant was valid, and officers would have executed it and seized the evidence regardless of the alleged violation.

Regardless of any alleged failure to execute a search warrant within the time limit in violation of Rule 41, absent any other “constitutional infirmity,” suppression is unwarranted unless the defendant is prejudiced or if officers recklessly disregard the proper procedure. The defendant was not prejudiced here since probable cause continued to exist after the time limit.

In a marijuana farm case, the Court held that law enforcement did not exceed the scope of a permissible knock-and-talk when they returned to the defendant’s house with other narcotics officers after smelling marijuana at the property earlier in the day, as an officer’s subjective intent is irrelevant. The Court also affirmed the district court’s denial of the defendant’s motion to dismiss the marijuana charges based on the Obama-era “Cole memo” directing prosecutors not to prosecute marijuana cases in states where marijuana is legal.