Fifth Amendment

United States v. Steven Deason (11th Cir. July 2020)

The Eleventh Circuit upheld a conviction for attempted online enticement of a minor and attempted transfer of obscene matter to a minor, holding that officers did not err in failing to advise the defendant of his Miranda rights where he was informed that he was not under arrest and could ask the officers to leave and because he his statements were voluntary. The Court also held that testimony describing an allegedly obscene video and corresponding screenshots are a sufficient substitute to introducing the videos in their entirety.

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United States v. Maher Obagi and Mohamed Salah (9th Cir. July 2020)

The Ninth Circuit reversed convictions for fraud because the government disclosed material impeachment evidence about one of its witnesses after the close of evidence and after it had given its closing argument. The defendants were prejudiced by this untimely disclosure, especially given the length of jury deliberations and split verdict.

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United States v. Jack Voris (9th Cir. July 2020)

The Ninth Circuit reversed one of the defendant's assault convictions and corresponding ยง 924(c) convictions as multiplicitous because the defendant, although charged with shooting at five officers, only shot at them four times. The Court also held that multiple shots fired in quick succession do not necessarily mean the firearm was only used once under 924(c).

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United States v. Shane Young (10th Cir. July 2020)

The Tenth Circuit reversed the defendant's conviction and held that the district court erred in failing to suppress involuntary statements made by the defendant to an FBI agent. The Court held that the agent's interrogation of the defendant was coercive given his false representations about the sentence the defendant faced and the agent's ability to get the defendant a reduced sentence based on the agent's relationship with the judge. The agent's coercive questioning outweighed the defendant's waiver of rights and prior experiences with the justice system.

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United States v. Colinford Mattis, Urooj Rahman (2d Cir. June 2020)

In a case involving young lawyers charged with throwing molotov cocktails into an unoccupied police cruiser, the Second Circuit affirmed the district court's order releasing them on bond pending trial. The Court concluded that the district court did not clearly err in determining the conditions of release were adequate to safeguard the community and that it did not err by not explicitly mentioning the statutory presumption against release in its order.

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