Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

Todd Joseph Harbuck was charged with possessing a firearm as a convicted felon and possessing a stolen firearm. The indictment alleged that Harbuck qualified for an enhanced sentence under the Armed Career Criminal Act (ACCA) due to his prior convictions, including a South Carolina conviction for assault with intent to kill. Harbuck pleaded guilty to possessing a firearm as a convicted felon but contested the ACCA enhancement, arguing that his South Carolina conviction should not qualify as a "violent felony" and that the ACCA is unconstitutionally vague.The United States District Court for the Southern District of Georgia reviewed Harbuck's objections. The court examined the South Carolina conviction and determined that it qualified as a felony under the ACCA. The court also concluded that the crime was a violent felony under the ACCA, leading to a sentence of fifteen years and eight months in prison. Harbuck appealed the sentence.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court applied the categorical approach to determine whether the South Carolina conviction for assault with intent to kill qualified as a violent felony under the ACCA. The court concluded that the crime's elements, which include an unlawful attempt to commit a violent injury with malicious intent, met the ACCA's definition of a violent felony. The court also rejected Harbuck's argument that the ACCA's elements clause is unconstitutionally vague, citing Supreme Court precedent that upheld the clarity of the elements clause.The Eleventh Circuit affirmed the district court's sentence and judgment, holding that Harbuck's South Carolina conviction for assault with intent to kill qualifies as a predicate violent felony under the ACCA and that the ACCA's elements clause is not unconstitutionally vague. View "USA v. Harbuck" on Justia Law

Robert Kennedy was convicted of possessing a firearm as a convicted felon, possessing heroin with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. The convictions were based on evidence found during a search of his apartment, including drugs, scales, and a firearm. Kennedy's prior convictions for burglary and drug offenses led to his classification as an armed career criminal and a career offender, resulting in a guidelines range of 420 months to life imprisonment. He received a below-guidelines sentence of 360 months.The United States District Court for the Middle District of Georgia admitted text messages and expert testimony over Kennedy's objections and found sufficient evidence to support his convictions. The court also determined that Kennedy's prior convictions qualified him for the ACCA and career offender enhancements, despite his arguments to the contrary.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decisions. The appellate court held that the text messages were admissible as they were directly related to the charged offense and not subject to Rule 404(b). The expert testimony was also deemed appropriate as it did not violate Rule 704(b). The court found sufficient evidence to support Kennedy's convictions, including testimony linking him to the drugs and firearm.The appellate court also upheld the ACCA enhancement, finding that Kennedy's prior burglary convictions qualified as predicate offenses. The court rejected Kennedy's arguments against the career offender enhancement, affirming that his prior drug convictions met the criteria. Finally, the court found Kennedy's sentence to be both procedurally and substantively reasonable, given the circumstances and the guidelines range. The sentence was affirmed. View "United States v. Kennedy" on Justia Law

In 2014, Mikel Mims pleaded guilty to conspiracy to commit wire fraud and was sentenced to three years of probation and ordered to pay $255,620 in restitution. After completing her probation in 2017, Mims stopped making restitution payments. In 2022, the district court ordered Mims to resume her restitution payments, prompting Mims to appeal, arguing that the court lacked jurisdiction and violated her due process rights.The district court for the Southern District of Florida initially expressed doubts about its jurisdiction after Mims's probation ended. However, after the government filed a motion and Mims responded, the court concluded it had jurisdiction under various statutory provisions and ordered Mims to comply with the original restitution order, including making up for missed payments.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the district court had ancillary jurisdiction to enforce its restitution order, as it was part of Mims's original criminal sentence. The court also found that Mims had been given adequate notice and opportunities to be heard, satisfying due process requirements. The Eleventh Circuit concluded that the district court did not err in ordering Mims to resume her restitution payments and affirmed the lower court's decision. View "United States v. Mims" on Justia Law

Charles Rowe pleaded guilty to three federal crimes and was sentenced to 360 months in prison. He had a prior conviction for cocaine trafficking under Florida law. The district court determined that this prior conviction was a controlled substance offense, triggering a sentencing enhancement under the career offender guidelines. Rowe appealed, challenging the legitimacy of his guilty plea and the enhanced sentence.The United States District Court for the Northern District of Florida accepted Rowe's guilty plea after a thorough plea colloquy conducted by a magistrate judge. The probation office recommended an enhanced sentence under the Armed Career Criminal Act and the career offender guidelines due to Rowe's prior convictions. Rowe objected, arguing that his prior conviction for cocaine trafficking did not qualify as a controlled substance offense. The district court held the sentencing in abeyance pending a decision from the Florida Supreme Court on a related issue. After the Florida Supreme Court's decision, the district court applied the enhanced sentence and sentenced Rowe to 360 months in prison.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the Florida Supreme Court's decision in Conage II clarified that a conviction for cocaine trafficking under Florida law requires proof of possession with intent to distribute, aligning it with the federal definition of a controlled substance offense under the career offender guidelines. The court concluded that Rowe's prior conviction was a controlled substance offense and upheld the enhanced sentence. The court also found that the district court properly substantiated and accepted Rowe's guilty plea. Consequently, the Eleventh Circuit affirmed Rowe's conviction and sentence. View "United States v. Rowe" on Justia Law

Steven Morgan was convicted by a jury of three drug-trafficking crimes for smuggling cocaine from the Caribbean into South Florida. The scheme involved shipping jars of shaving gel with false bottoms containing cocaine. The operation was discovered when law enforcement dogs in Puerto Rico alerted on packages containing cocaine. A controlled delivery led to Morgan's arrest, during which two cellphones were found near him. Morgan initially claimed ownership of both phones but later stated only the iPhone was his.The United States District Court for the Southern District of Florida suppressed Morgan's statement in the patrol car and his statements made 18 months later but admitted the LG phone's contents, finding Morgan had abandoned it. The court also allowed the government to introduce Morgan's initial statement claiming ownership of both phones but later reversed this decision during the trial.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the district court did not err in finding Morgan had abandoned the LG phone, thus allowing its contents to be admitted. The court also found that the Fifth Amendment did not require suppression of the phone's contents, as Morgan's statement was voluntary despite being obtained in violation of Miranda. The court affirmed the district court's denial of a mistrial after an agent referred to Morgan's suppressed statement, finding no substantial prejudice. The court also upheld the admission of testimony from Agent Gaviria and expert testimony from Agent Suarez, finding no plain error in the government's expert disclosures. Finally, the court found no cumulative error warranting reversal and affirmed Morgan's conviction. View "United States v. Morgan" on Justia Law

Joff Stenn Wroy Philossaint pled guilty to conspiracy to commit wire fraud and conspiracy to commit money laundering. These charges stemmed from his involvement in a scheme to fraudulently obtain Paycheck Protection Plan (PPP) and Economic Injury Disaster Loan (EIDL) loans. He was sentenced to 50 months in prison, followed by supervised release, and ordered to pay $3.85 million in restitution. Additionally, a forfeiture judgment of $673,210 was entered against him. On appeal, Philossaint contested the forfeiture amount, arguing it was miscalculated.The United States District Court for the Southern District of Florida initially handled the case. Philossaint pled guilty to the wire fraud and money laundering conspiracy charges, and the court accepted a factual proffer detailing his role in the fraudulent loan scheme. The presentence investigation report (PSI) provided additional details, including the specific companies involved and the amounts of the fraudulent loans. The government moved for a preliminary order of forfeiture, but miscalculated the amount by assuming Philossaint received a 10% kickback on every loan funded, which was incorrect.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court found that the district court had committed a clear error in determining the forfeiture amount due to the government's miscalculation. The correct amount of forfeiture should have been $549,226.30, based on the accurate figures of the loan proceeds and kickbacks Philossaint received. The Eleventh Circuit vacated the forfeiture order and remanded the case for further proceedings, noting that the district court did not make any factual findings about whether Philossaint was a leader or mastermind of the scheme, which could affect the forfeiture amount under the Honeycutt v. United States hypothetical. View "USA v. Philossaint" on Justia Law

In March 1988, Isaiah Harris, a sheriff in Montgomery County, Alabama, was killed. His wife, Louise, was having an affair and conspired with her lover, Lorenzo McCarter, to have Harris killed for insurance money. McCarter recruited Michael Sockwell and Alex Hood to carry out the murder. Sockwell was later convicted of capital murder for pecuniary gain and sentenced to death.Sockwell appealed his conviction, arguing that the prosecution used peremptory strikes to exclude Black jurors in a discriminatory manner, violating Batson v. Kentucky. The Alabama Court of Criminal Appeals (ACCA) affirmed his conviction, finding no clear error in the trial court’s denial of the Batson challenge. The Alabama Supreme Court also affirmed, stating that the prosecutor’s identification of a juror’s race was merely descriptive and not a race-based reason for the strike.Sockwell then filed a habeas corpus petition in the United States District Court for the Middle District of Alabama, which was denied. The district court found the strike of a Black juror, Eric Davis, problematic but concluded that the Alabama Supreme Court did not unreasonably apply Batson. The district court granted a certificate of appealability on the Batson issue, and Sockwell appealed to the United States Court of Appeals for the Eleventh Circuit.The Eleventh Circuit held that the Alabama Supreme Court unreasonably applied federal law by not properly considering all relevant circumstances under Batson’s third step. The court found that the prosecutor’s history of Batson violations, statistical evidence of disproportionate strikes against Black jurors, and the comparison of Davis to similarly situated white jurors indicated purposeful discrimination. The Eleventh Circuit reversed the district court’s ruling and directed it to issue a writ of habeas corpus, allowing Alabama the right to retry Sockwell. View "Sockwell v. Commissioner, Alabama Department of Corrections" on Justia Law

Shadon Edwards was suspected of being a high-level organizer in a drug-trafficking organization in South Florida. After obtaining an arrest warrant, law enforcement officials observed Edwards driving, followed him, and arrested him. A search incident to his arrest revealed a loaded Glock 43 nine-millimeter semi-automatic pistol. Edwards was indicted for knowingly possessing a firearm and ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He filed a motion to suppress the gun and ammunition, which the district court denied. Edwards then pleaded guilty without expressly preserving or waiving his right to appeal.The district court for the Southern District of Florida accepted Edwards's guilty plea and sentenced him to 180 months in prison, applying an enhancement under the Armed Career Criminal Act (ACCA) based on three prior convictions. Edwards did not object to the ACCA enhancement at sentencing. He later sought to appeal the denial of his suppression motion and the ACCA enhancement.The United States Court of Appeals for the Eleventh Circuit reviewed the case. Edwards argued that his guilty plea was not knowing and voluntary because he was not informed that he would waive his right to appeal the suppression motion. The court found no plain error, noting that there was no indication during the plea hearing that Edwards misunderstood the consequences of his plea. Edwards also contended that the ACCA enhancement was improper because the government did not prove beyond a reasonable doubt that his prior offenses occurred on different occasions, as required by Erlinger v. United States. The court held that Edwards failed to show a reasonable probability that a jury would have found the offenses occurred on the same occasion, thus not meeting the plain-error standard.Lastly, Edwards challenged the constitutionality of § 922(g) under the Commerce Clause. The court reaffirmed its precedent that § 922(g) is constitutional both facially and as applied, given the firearm and ammunition had moved in interstate commerce. The Eleventh Circuit affirmed the district court's judgment. View "United States v. Edwards" on Justia Law

Matthew A. Zayas was indicted on three counts of money laundering and one count of causing or attempting to cause a domestic financial institution to fail to file a currency transaction report under 31 U.S.C. § 5324(a)(1). After a jury trial, Zayas was acquitted of the money laundering counts but convicted of violating 31 U.S.C. § 5324(a)(1). The case involved Zayas making three cash withdrawals from his Wells Fargo account, each below the $10,000 reporting threshold, within a short period, which the government argued was an attempt to evade the bank's reporting requirements.The United States District Court for the Southern District of Florida denied Zayas's motions for a mistrial and judgment of acquittal. Zayas argued that the government constructively amended the indictment by presenting evidence and arguments related to structuring under § 5324(a)(3) instead of the charged § 5324(a)(1). The district court also provided jury instructions that included a definition of "structuring," which Zayas contended was inappropriate for the charge under § 5324(a)(1).The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the conviction. The court held that the government's evidence was consistent with a violation of § 5324(a)(1), as it demonstrated that Zayas made multiple withdrawals exceeding $10,000 in one business day, triggering the bank's duty to file a currency transaction report. The court found that the district court's jury instructions, while including a definition of "structuring," correctly conveyed the elements of § 5324(a)(1). The court also determined that the district court did not abuse its discretion in responding to a jury question during deliberations by referring the jury back to the original instructions, which accurately stated the law. View "USA v. Zayas" on Justia Law

Javarese Holmes was identified as a suspect in an arson and drug dealing case. Police stopped him while driving and found a gun and drugs in his car. They obtained a warrant to search a residence they believed was his, finding another gun, ammunition, and drug paraphernalia. Holmes was charged and convicted of possessing controlled substances with intent to distribute, illegally possessing firearms as a convicted felon, and possession of a firearm in furtherance of drug crimes.In the district court, Holmes moved to suppress the evidence obtained from his car and the residence, arguing the searches were unlawful. The court denied the motions, ruling the car search was a permissible inventory search and the residence search warrant was valid. At trial, the court admitted text messages from Holmes’s phone under Rule 404(b) and allowed a drug enforcement agent to testify as an expert on firearm usage among street-level dealers. Holmes was found guilty on all counts and sentenced to 240 months in prison.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the inventory search of Holmes’s car was valid despite not being completed, as the initial search was reasonable and within department policy. The court also found the search warrant for the residence was supported by probable cause, linking Holmes to the residence and criminal activity. The text messages were deemed admissible under Rule 404(b) as they were relevant to Holmes’s intent and not unduly prejudicial. The expert testimony was allowed, as the agent was qualified and his testimony was helpful to the jury. Finally, the court found sufficient evidence to support Holmes’s convictions for the firearm offenses. The court affirmed the district court’s judgment. View "USA v. Holmes" on Justia Law