Published by: Pate and Johnson Law

United States v. Juan Fletcher Gordillo,

United States v. Juan Fletcher Gordillo, No. 18-12095 (April 17, 2019) The Court affirmed application of the enhancement for an offense involving a firearm “capable of accepting a large capacity magazine” where the firearm in question was in “close proximity” to a high capacity magazine as measured by its physical distance and accessibility. Sentencing Guidelines/Firearms […]

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United States v. Ernest Vereen Jr

United States v. Ernest Vereen Jr., No. 17-11147 (April 5, 2019) The Court held that there is no “innocent transitory possession” defense to possession of a firearm by a convicted felon. The purposes and duration of a defendant’s possession of a firearm are irrelevant since § 922(g) is a general intent crime. Firearm Offenses/21 U.S.C. […]

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United States v. Terin Moss

United States v. Terin Moss, No. 17-10473 (April 4, 2019) The Court vacated the defendant’s sentence after holding that a prior conviction under Georgia’s aggravated assault statute is not a “crime of violence” under the ACCA or Federal Sentencing Guidelines when the conviction is based on a simple assault with a mens rea of recklessness. […]

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United States v. Willie Cooks

United States v. Willie Cooks, No. 18-10080 (April 3, 2019 The Court held that a warrantless search of a boarded-up crawlspace in the defendant’s house was reasonable based on exigent circumstances indicating there may have been hostages in the crawlspace. Officers had just arrested the defendant after a stand-off that included hostages and during which […]

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United States v. Reginald Gibbs

United States v. Reginald Gibbs, No. 17-12474 (March 6, 2019) The Court affirmed the denial of the defendant’s motion to suppress finding that the traffic stop leading to the search and seizure of the defendant’s firearm was reasonable despite the officers arriving with their guns drawn and the fact that the defendant was not the […]

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