Sex Offenses

The Federal Docket

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. Ralph Fox Jr. (11th Cir. June 2019)

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.

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 …

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

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