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

John Doe, using multiple aliases, had a long history with U.S. immigration authorities dating back to 1985. He was twice caught trying to enter the U.S. with fraudulent documents and was deported. In 1988, he was found in Texas and deported again. In 2018, he was detained in Florida, and despite a final deportation order, he refused to cooperate with immigration officials, leading to his indictment on three counts of willfully failing to leave the U.S. under 8 U.S.C. § 1253(a)(1).The United States District Court for the Middle District of Florida denied Doe's request for a jury instruction that would require the government to prove he had been lawfully admitted to the U.S. to convict him under § 1253(a)(1). The court also denied his motion for a judgment of acquittal on the same grounds. Doe was convicted on all counts and sentenced to 51 months in prison.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that § 1253(a)(1) does not require a noncitizen to have been lawfully admitted to the U.S. to be subject to its penalties. The court found that the statutory text and context did not support Doe's interpretation that only admitted noncitizens could be penalized under § 1253(a)(1). The court affirmed the district court's decisions, upholding Doe's convictions and sentence. View "USA v. Doe" on Justia Law

Sonny Ramdeo, while working as a payroll director for Promise Healthcare, recommended the company hire PayServ Tax, which he falsely claimed was a subsidiary of Ceridian Corporation. In reality, PayServ was Ramdeo’s own company, and he diverted over $20 million from Promise to fund a charter airline service. After Promise’s auditors discovered discrepancies, Ramdeo was arrested and pled guilty to wire fraud and money laundering. He was sentenced to twenty years in prison, followed by three years of supervised release, and ordered to pay $21,442,173 in restitution.Ramdeo challenged his conviction and restitution amount on direct appeal, which was unsuccessful. He then sought a writ of audita querela to contest the restitution amount, which the district court recharacterized as a petition for coram nobis and subsequently denied. The Eleventh Circuit declined to address the merits of his claim. Ramdeo also filed a 28 U.S.C. § 2255 petition, which the district court denied as frivolous and meritless. The Eleventh Circuit affirmed this decision. Ramdeo later filed a pro se petition for a writ of error coram nobis, arguing ineffective assistance of counsel, prosecutorial misconduct, and new financial evidence. The district court denied the petition, stating that prisoners in federal custody are ineligible for coram nobis relief.The United States Court of Appeals for the Eleventh Circuit reviewed the case and determined that being in custody does not categorically bar a petitioner from seeking coram nobis relief for non-custodial aspects of their sentence, such as restitution. The court vacated the district court’s order and remanded the case for further proceedings, emphasizing that coram nobis is an extraordinary remedy available when no other remedy is available, and the petitioner presents sound reasons for not seeking relief earlier. View "Ramdeo v. United States" on Justia Law

Eric Brenes-Colon was arrested following an investigation into his co-conspirator's trafficking of firearms and large quantities of cocaine, marijuana, and MDMA. Brenes-Colon obtained cocaine from Puerto Rico and provided it to his co-conspirator for distribution. During a search of the co-conspirator's apartment, where Brenes-Colon was living, agents found drugs, drug paraphernalia, a firearm, cash, and evidence linking Brenes-Colon to the apartment. He was charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine, possession with intent to distribute 500 grams or more of cocaine, and possession with intent to distribute MDMA. Brenes-Colon pleaded guilty to all charges.The United States District Court for the Middle District of Florida sentenced Brenes-Colon to 108 months’ imprisonment. The court emphasized the seriousness of his criminal activities due to the large volume of drugs trafficked, stating that illegal drugs are the leading cause of death for Americans aged 18 to 35. Brenes-Colon appealed, arguing that the court's statement was a clearly erroneous fact and that it constituted procedural error in determining his sentence.The United States Court of Appeals for the Eleventh Circuit reviewed the case for plain error, as Brenes-Colon did not object to his sentence in the lower court. The appellate court found that the district court did not commit plain error. It held that the district court was entitled to rely on its experience and common sense in sentencing, and that the statement about the deadliness of illegal drugs was not required to be supported by empirical studies in the record. The appellate court affirmed the district court's sentence, concluding that Brenes-Colon did not demonstrate that the alleged error affected his substantial rights or the fairness of the judicial proceedings. View "United States v. Brenes-Colon" on Justia Law

Curtis Solomon, Devin Chance, and Jamaur Lewis were convicted of multiple counts, including Hobbs Act conspiracy, Hobbs Act robbery, and carrying a firearm during a crime of violence. Their convictions for conspiracy to carry a firearm during a crime of violence were vacated following the Supreme Court's decision in Johnson v. United States. The district court amended their judgments by removing the vacated counts but reimposed the same sentences on the remaining counts without providing an explanation for denying their requests for de novo resentencing.The appellants appealed the amended judgments, arguing that the district court erred by not explaining its decision to deny de novo resentencing and contending that Hobbs Act robbery is not a crime of violence under 18 U.S.C. § 924(c). The United States Court of Appeals for the Eleventh Circuit reviewed the case.The Eleventh Circuit held that it lacked jurisdiction to consider the appellants' challenge to the district court's refusal to conduct a de novo resentencing because no certificate of appealability (COA) had been issued on that question. However, the court found that it had jurisdiction to consider the appellants' challenge to their § 924(c) convictions based on Hobbs Act robbery.On the merits, the Eleventh Circuit reaffirmed its precedent that Hobbs Act robbery is a crime of violence under § 924(c)(3)(A). The court concluded that the Supreme Court's decision in United States v. Taylor, which held that attempted Hobbs Act robbery is not a crime of violence, did not disturb its prior holdings that completed Hobbs Act robbery qualifies as a crime of violence. Therefore, the appellants' § 924(c) convictions based on Hobbs Act robbery were affirmed.The court affirmed the appellants' § 924(c) convictions and dismissed the appeal in part for lack of jurisdiction regarding the challenge to the district court's denial of de novo resentencing. View "USA v. Solomon" on Justia Law

Arturs Spila, a Latvian national, entered the United States in May 2018 and deposited over $284,000 in cash into three bank accounts over three months. The cash originated from a fraudulent scheme where victims were hired for fake work-from-home jobs, instructed to cash checks, and mail the cash to Spila. The checks bounced, and the victims were not reimbursed. Spila then wired over $200,000 from these accounts, mostly to international recipients, in small transactions to avoid mandatory reporting.A federal grand jury indicted Spila for conspiracy to commit money laundering under 18 U.S.C. § 1956(h). The Northern District of Georgia district court admitted emails between Spila and his co-conspirators as evidence and allowed a forensic accountant to testify as a lay witness. The jury convicted Spila, and he was sentenced to 32 months in prison and one year of supervised release. Spila appealed, arguing insufficient evidence of his knowledge that the money came from a felony, prosecutorial misconduct during closing arguments, improper authentication of emails, and improper lay witness testimony.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the government presented sufficient evidence to prove Spila knew the money came from unlawful activity, even if he did not know it was a felony. The court found no prosecutorial misconduct, as the prosecutor's comments were fair responses to defense arguments. The court also ruled that the district court did not abuse its discretion in admitting the emails as self-authenticating documents and allowing the forensic accountant to testify as a lay witness. The Eleventh Circuit affirmed Spila's conviction. View "United States v. Spila" on Justia Law

In 2008, Santiago Alirio Gomez Rivera began working with co-conspirators in Latin America to obtain and transport cocaine for importation into the United States. Rafael Segundo Castro Diaz joined the conspiracy later, helping transport 1,200 kilos of cocaine in April 2013. The United States Coast Guard intercepted the boat carrying the cocaine, and the men aboard were arrested. Years later, a federal grand jury returned three indictments against Gomez Rivera and Castro Diaz, with the second superseding indictment expanding the conspiracy period from January 2008 to September 2013.The United States District Court for the Southern District of Florida denied the defendants' motions to dismiss the second superseding indictment, which they argued was untimely and broadened the original charges. The defendants then negotiated a stipulated bench trial, preserving their right to appeal the denial of their motions to dismiss. The district court adjudicated them guilty, but there were clerical errors in Castro Diaz's judgment documentation.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that a superseding indictment can satisfy the statute of limitations if it is independently timely or relates back to a timely prior indictment. The second superseding indictment was independently timely, as it was returned within five years of the alleged conspiracy period. The court also found sufficient evidence to support the convictions, as both defendants stipulated to facts indicating their involvement in the conspiracy until September 2013. The court affirmed the convictions and sentences but remanded for the correction of clerical errors in Castro Diaz's judgment. View "USA v. Santiago Alirio Gomez Rivera" on Justia Law

Robert Booker was convicted of four drug-distribution offenses and two firearm offenses, including possession of a firearm by a convicted felon. The case arose from a traffic stop where officers found drugs and a firearm in a truck where Booker was a passenger. Booker admitted ownership of the drugs and the firearm was found in the glove box. A drug ledger was also found, indicating drug transactions.In the district court, Booker filed a motion in limine to exclude evidence of his prior state drug convictions, which were based on guilty pleas entered under North Carolina v. Alford. The district court denied the motion, allowing the evidence to be admitted under Federal Rule of Evidence 404(b) to show intent, knowledge, and lack of mistake. Booker was convicted on all counts by a jury and sentenced to 185 months in prison.On appeal to the United States Court of Appeals for the Eleventh Circuit, Booker argued that the district court abused its discretion by admitting the prior convictions and by not giving his requested jury instruction. He also raised new arguments, including that the district court failed to question a juror about potential bias, the government improperly vouched for a witness, and the government introduced improper testimony about the drug ledger.The Eleventh Circuit affirmed the district court’s decisions. The court held that the prior convictions were properly admitted under Rule 404(b) as they were relevant to Booker’s intent to distribute drugs. The court also found no plain error in the district court’s handling of the juror issue, the prosecutor’s comments, or the admission of the drug ledger testimony. The court concluded that any potential errors were harmless given the overwhelming evidence of Booker’s guilt. View "USA v. Booker" on Justia Law

Detectives with the Fort Myers Police Department observed Alphonso Lataurean James engaging in suspected drug transactions at a gas station. James was seen wearing a cross-body bag, which he later took into a vehicle. After stopping the vehicle, detectives found the bag containing a handgun and ammunition. They also discovered drugs in the car, including fentanyl and cocaine. James admitted to possessing the bag but denied knowledge of the firearm. DNA testing linked James and others to the gun. James, a convicted felon, was charged with possession of a firearm by a convicted felon.The United States District Court for the Middle District of Florida sentenced James to ninety-two months in prison, applying a four-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possessing a firearm in connection with another felony offense. James objected, arguing that the enhancement was improperly applied based on the Sentencing Guidelines' commentary. The district court overruled his objections, finding that the firearm was in close proximity to the drugs, thus meeting the "in connection with" requirement.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the phrase "in connection with" in U.S.S.G. § 2K2.1(b)(6)(B) is unambiguous and does not require deference to the Sentencing Guidelines' commentary. Despite the district court's error in relying on the commentary, the appellate court found that the district court's factual findings were sufficient to support the enhancement. The court affirmed James's sentence, concluding that he possessed the firearm in connection with drug trafficking. View "USA v. James" on Justia Law

Davion Rivers was convicted of possessing a firearm as a convicted felon and sentenced to 188 months in prison. Rivers appealed, arguing that the district court erred in denying his motions to suppress evidence and in sentencing him under the Armed Career Criminal Act (ACCA) without a jury determining whether his prior offenses occurred on different occasions.The district court denied Rivers's motions to suppress the firearm found on his person and a spent shotgun shell from his residence. The court found that the officers' approach to Rivers's residence was lawful under the knock-and-talk exception and that the search warrant for the residence was supported by probable cause. Rivers was convicted by a jury, and the district court applied the ACCA enhancement based on Rivers's prior drug offenses, finding that they occurred on different occasions.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed Rivers's conviction, finding no error in the denial of the suppression motions. The court held that the officers' approach to the residence was lawful and that the search warrant was supported by probable cause.However, the court vacated Rivers's sentence under the ACCA, citing the Supreme Court's decision in Erlinger v. United States, which requires that a jury, not a judge, must determine whether prior offenses occurred on different occasions. The court found that the district court's judicial fact-finding violated Rivers's constitutional rights and that the error was not harmless beyond a reasonable doubt. The case was remanded for resentencing consistent with the Supreme Court's ruling in Erlinger. View "United States v. Rivers" on Justia Law

Christin Bilotti was convicted of second-degree murder in Florida state court. After exhausting her appeals, she sought postconviction relief in Florida, which was denied. Bilotti then filed a federal habeas petition, which the district court also rejected. The Eleventh Circuit granted a certificate of appealability on two claims from Bilotti’s federal habeas petition: ineffective assistance of counsel for failing to preserve a religion-based challenge to a juror strike and for failing to object to jury instructions.The Florida intermediate appellate court initially reversed Bilotti’s conviction, citing a similar case involving her co-defendant, John Pacchiana, where the court found the state’s peremptory strike of a juror pretextual and improper. However, the Florida Supreme Court quashed this decision, ruling that the religion-based objection was not properly preserved at trial. On remand, the intermediate appellate court affirmed Bilotti’s conviction.In state postconviction proceedings, Bilotti argued that her trial counsel was ineffective for not preserving the religion-based Batson challenge and for not objecting to the jury instructions. The state postconviction court denied her claims, adopting the state’s arguments, and the appellate court affirmed without explanation.The Eleventh Circuit reviewed the case and found that even if Bilotti could show prejudice from her counsel’s failure to preserve the religion-based objection, she could not establish deficient performance. At the time of her trial, the law was unsettled on whether Batson extended to religion-based exclusions. The court also found that the jury instructions were substantively identical to Florida’s standard instructions, which had not been invalidated by the Florida Supreme Court. Therefore, counsel’s failure to object to these instructions was not deficient performance, nor was it prejudicial.The Eleventh Circuit affirmed the district court’s judgment, denying Bilotti’s habeas petition. View "Bilotti v. Florida Department of Corrections" on Justia Law