United States v. Diosme Hano and Reinaldo Arrastia-Cardoso, No. 18-10510 (April 30, 2019) The Court affirmed the defendants’ convictions and sentences, holding that 1) the statute of limitations did not bar prosecution since subsequent DNA testing implicated the defendant, 2) a non-testifying co-defendant’s hearsay statements implicating the defendant were admissible as non-testimonial since the co-defendant […]
United States v. Bechir Delva and Dan Kenny Delva, No. 16-12947 (April 29, 2019) The Court affirmed the defendants’ convictions, holding, among other things, that there was probable cause to justify warrantless search of the defendant’s vehicle where officers could tie the vehicle to identity fraud, the defendant’s repeated use of an access device to […]
Stony Lester v. United States, No. 18-10523 (April 29, 2019), Denial of Rehearing En Banc The Court denied the petitioner’s request for a rehearing en banc, leaving in place the rule in In re Griffin that provisions of the Sentencing Guidelines cannot be challenged as void-for-vagueness and that the Supreme Court’s rule in Johnson is […]
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 […]
United States v. Tanganica Corbett, No. 18-13203 (April 17, 2019) The Court vacated the defendant’s sentence for identity fraud after holding that the sentencing court improperly enhanced the defendant’s offense level because it counted as victims individuals whose means of identification were stolen but not “used.” The Court affirmed the district court’s loss amount, holding […]
