Jury Instructions

The Federal Docket

United States v. David Wright (1st Cir. August 2019)

The Court reversed the defendant’s conviction. In reviewing the trial court’s jury instructions on providing material support or resources to a terrorist organization, the Court held that a defendant does not act “in coordination” with a terrorist group simply by utilizing “strategy” or “tactics” used by that organization and published online by that organization.

United States v. Charles Fulton Sr. (5th Cir. June 2019), On Petition for Rehearing

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.

United States v. Jeffrey Cooper (11th Cir. June 2019)

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 …

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United States v. Paul Harris

United States v. Paul Harris, No. 18-12418 (February 19, 2019) The Eleventh Circuit affirmed a prison guard defendant’s conviction for Hobbs Act extortion based on evidence that he confiscated contraband from inmates for his personal use and that the inmates “consented” by not reporting the defendant out of fear that they would be punished for …

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