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

A man was charged with one count of conspiracy to commit money laundering and seven counts of money laundering after opening numerous bank accounts and using them to launder millions of dollars in fraud proceeds for a group operating romance and business email scams. He also recruited and supervised a co-conspirator, helping that person set up a similar laundering operation. The laundered funds were ultimately sent to Africa. Following his arrest, the defendant attempted to cooperate with the government but did not enter into a plea agreement. At his first change-of-plea hearing, he hesitated and the hearing was postponed. At the second hearing, with two lawyers present, he pleaded guilty to all charges, affirming he did so knowingly and voluntarily.Before sentencing, the defendant’s bond was revoked after he was arrested for assaulting his girlfriend. While in custody, he moved to withdraw his guilty plea, alleging one of his lawyers coerced him into pleading guilty and that he was not aware of a co-conspirator’s cooperation with the government. The United States District Court for the Northern District of Georgia held an evidentiary hearing, found the attorneys credible and the defendant not credible, and denied the motion to withdraw the plea.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the denial of the motion to withdraw the guilty plea, the calculation of the loss amount, several sentencing enhancements, the denial of a reduction for acceptance of responsibility, and the substantive reasonableness of the 120-month sentence. The court held that the district court did not abuse its discretion in denying the motion to withdraw the plea, did not err in its application of sentencing enhancements and guidelines, and that the sentence imposed was substantively reasonable. The court affirmed the judgment. View "USA v. Mullings" on Justia Law

In 2008, a federal grand jury indicted Michael Bowe on charges including conspiracy and attempt to commit Hobbs Act robbery, and for using, brandishing, or discharging a firearm during and in relation to a crime of violence, with the firearm offense predicated on the Hobbs Act offenses. Bowe pleaded guilty and admitted in court to shooting a security guard during the attempted robbery. He was sentenced in 2009 to 288 months’ imprisonment, including a mandatory 120-month consecutive sentence for the firearm offense. He did not file a direct appeal.Over the years, Bowe challenged his conviction and sentence through several motions under 28 U.S.C. § 2255, citing Supreme Court decisions such as Johnson v. United States, United States v. Davis, and United States v. Taylor, which altered the understanding of what qualifies as a “crime of violence” under § 924(c). His initial and successive motions were denied by the United States District Court and the United States Court of Appeals for the Eleventh Circuit, largely because, at the time, circuit precedent held that attempted Hobbs Act robbery remained a crime of violence. The Eleventh Circuit repeatedly denied his applications, relying on its decision in In re Baptiste, which interpreted statutory bars to successive claims as applicable to federal prisoners.Subsequently, the Supreme Court abrogated Baptiste, holding that 28 U.S.C. § 2244(b)(1)’s bar on “old claims” does not apply to federal prisoners seeking successive § 2255 motions. On remand, the United States Court of Appeals for the Eleventh Circuit held that Bowe made a prima facie showing under § 2255(h)(2) that his conviction for discharging a firearm during a crime of violence may no longer be valid in light of Davis and Taylor. The court granted his application for leave to file a second or successive § 2255 motion. View "In re: Bowe" on Justia Law

Charlie Holley lived in a Florida City townhouse and was involved in a violent incident on June 21, 2021. Armed with a scoped assault rifle, Holley threatened neighbors and a visiting relative, then pointed the rifle at Charlotte Wicker, a United States Postal Service mail carrier, and fired at her vehicle. The situation led to multiple 911 calls, a large police response, and Holley’s eventual arrest after he barricaded himself inside his home. Subsequent searches found weapons and ammunition, and ballistics confirmed the rifle had been fired.A federal grand jury in the Southern District of Florida indicted Holley on five counts, including attempted murder and assault of a federal employee, brandishing and discharging a firearm in furtherance of a crime of violence, and possession of a firearm and ammunition as a felon. Holley underwent several psychiatric evaluations and was found incompetent to stand trial twice, but after further treatment, he was ultimately deemed competent. At trial in the United States District Court for the Southern District of Florida, Holley objected to the introduction of several body-worn camera clips and a 911 call, arguing these violated evidentiary rules and the Confrontation Clause. The district court admitted the evidence, finding it relevant to the police response and not unfairly prejudicial, and gave limiting instructions to the jury.After the jury convicted Holley on all but the attempted murder count, the district court sentenced him to 192 months’ imprisonment, considering both his criminal history and mental health issues. The United States Court of Appeals for the Eleventh Circuit reviewed Holley’s challenges to the admissibility of the evidence and his sentence. The court held that the evidentiary rulings were within the district court’s discretion and that the sentence was reasonable and adequately considered Holley’s mental health. The Eleventh Circuit affirmed both the convictions and sentence. View "USA v. Holley" on Justia Law

Myelicia Rodgers, a clerk at a United States post office in Crestview, Florida, was accused of tampering with and stealing mail while working alone during early morning shifts. After suspicions arose due to complaints about opened mail, the Office of Inspector General conducted an investigation. Rodgers was observed via video and in person engaging in suspicious activities, including taking greeting cards into restricted areas, opening packages, and removing mail. Test letters with cash and gift cards were used in the investigation, some of which went missing, and Rodgers was caught taking and hiding one such letter. Upon being confronted, Rodgers admitted to opening some letters but denied stealing their contents.A grand jury indicted Rodgers on counts of mail tampering and theft by a postal employee. She waived her right to a jury and opted for a bench trial in the United States District Court for the Northern District of Florida. At trial, the government presented multiple witnesses and video evidence. Rodgers did not testify or call any witnesses in her defense. After the prosecution rested, Rodgers moved for a judgment of acquittal, which the district court denied. The district court explicitly informed Rodgers of her right not to testify and assured her that her silence would not be considered in determining guilt. Rodgers’s counsel argued that her silence should not be taken as evidence against her, and the court reiterated that it would base its decision solely on the evidence presented.The United States Court of Appeals for the Eleventh Circuit reviewed whether the district court drew an adverse inference from Rodgers's decision not to testify. The court held that the district court did not consider Rodgers’s silence as evidence of guilt and properly respected her Fifth Amendment rights. Therefore, the Eleventh Circuit affirmed Rodgers’s conviction. View "USA v. Rodgers" on Justia Law

In this case, the defendant was convicted of bank robbery in Florida in 2024. His criminal history included a 2010 conviction in New York for attempted second-degree robbery, which involved forcibly stealing property from an elderly woman and causing her injury. After robbing the Florida bank, the defendant fled the state, led police on a high-speed chase in Virginia, and was eventually apprehended.The United States District Court for the Southern District of Florida accepted the defendant’s guilty plea for the bank robbery charge. During sentencing, the court calculated his sentence using the U.S. Sentencing Guidelines and applied a career offender enhancement based on two prior felony convictions for crimes of violence, one of which was his New York attempted robbery conviction. The defendant objected, arguing that attempted New York robbery did not qualify as a crime of violence under the Guidelines. The district court disagreed, relying on a recent amendment to the Guidelines that expressly included attempts to commit crimes of violence.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the district court’s interpretation of the Sentencing Guidelines de novo. The Eleventh Circuit held that, following a 2023 amendment to the Guidelines, any attempt to commit a qualifying crime of violence is itself a crime of violence. The court confirmed that New York second-degree robbery qualifies as a crime of violence under the Guidelines’ elements clause. Therefore, the defendant’s attempt to commit that crime also qualifies. The Eleventh Circuit rejected the defendant’s arguments to the contrary and affirmed the sentence imposed by the district court. View "USA v. Ott" on Justia Law

A former elementary school teacher employed by the U.S. Department of Defense at an American school in Germany was charged with multiple counts of aggravated sexual abuse and abusive sexual contact with children under twelve. The allegations concerned incidents occurring between 2006 and 2010, when the teacher allegedly molested four students during class and private reading sessions. The accusations surfaced years later, as the now-adult women recalled the abuse after encountering triggers such as documentaries or educational programs about sexual abuse. Several witnesses, including additional former students, teachers, and a dental assistant, testified to observations of the teacher’s inappropriate physical interactions with students.A federal grand jury in the Northern District of Georgia indicted the defendant on several counts. Before trial, prosecutors sought to limit the scope of expert testimony proposed by the defense regarding the reliability of childhood memories. The district court allowed the defense expert to testify on general issues about memory and child abuse but excluded or limited testimony specifically addressing the credibility of the victims or the reliability of their memories in this case. A second defense expert’s testimony was excluded entirely as cumulative. After a jury trial, the defendant was convicted and sentenced to life imprisonment.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed whether the district court erred in restricting and excluding defense expert testimony. The Eleventh Circuit held that the district court did not abuse its discretion. The court ruled that expert testimony on the reliability of eyewitnesses is generally inadmissible if it invades the jury’s role in assessing credibility, and that the excluded testimony was either cumulative or not helpful to the jury. The court affirmed the convictions. View "United States v. Zappey" on Justia Law

A group of individuals, including the appellant, participated in a scheme involving the use of stolen credit cards and fraudulent memberships at a warehouse store to purchase large quantities of cigarettes. The appellant served as the primary account holder for two business membership accounts and was a secondary member on two others. The scheme resulted in over $2 million in cigarette purchases. Following an 85-count indictment, the appellant was charged with conspiracy to commit credit card fraud, several counts of credit card fraud, and aggravated identity theft. After his codefendants pleaded guilty, the appellant proceeded to trial. During the trial, the government presented testimony from victims whose credit cards were used without authorization. The district court granted the appellant’s motion for acquittal on certain counts due to insufficient evidence, and the jury acquitted him on others, but found him guilty of the remaining charges.The United States District Court for the Northern District of Georgia sentenced the appellant, holding him accountable for the total loss amount charged by all members of the conspiracy using the shared credit cards. This figure was calculated in the presentence report and included losses attributable to the codefendants, except for those counts where the appellant was acquitted. The appellant objected, arguing that he should only be held responsible for transactions he personally conducted, but the district court overruled his objection and imposed restitution matching the total loss amount.On appeal, the United States Court of Appeals for the Eleventh Circuit concluded that the district court committed legal error by failing to make individualized findings regarding the scope of criminal activity undertaken by the appellant, as required under the Sentencing Guidelines. The appellate court vacated the appellant’s sentence and restitution order, remanding for resentencing with instructions to determine the loss amount based on the appellant’s own conduct and correct a clerical error in the judgment. View "USA v. Barry" on Justia Law

Three men, including the defendant, agreed to steal marijuana from a known individual at his apartment. On the day of the incident, the defendant and one accomplice entered the apartment, while the third remained in the car. The accomplice took the marijuana and left the apartment without the defendant’s knowledge. When the apartment’s occupants realized the theft, they told the defendant he could not leave until the accomplice returned. The defendant, feeling threatened, subsequently used deadly force against two men several minutes after the marijuana had already been taken. The three men later regrouped, and the defendant admitted to the shootings.A grand jury in the United States District Court for the Middle District of Florida indicted the defendant for conspiracy to commit robbery under the Hobbs Act (Count 1), substantive Hobbs Act robbery (Count 2), and using a firearm in relation to a crime of violence resulting in murder (Count 3). At trial, the defendant argued that force was not used to effectuate the taking, asserting that the theft was complete when the marijuana was taken, and that the subsequent use of force did not constitute robbery under the Hobbs Act. The district court denied the defendant’s motions for judgment of acquittal and the jury convicted him on all counts. The court sentenced him to consecutive prison terms, including life for Count 3.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that under the Hobbs Act, robbery requires that force or threatened force be used before or during the taking of property—not solely after the property has been surreptitiously taken and carried away. Because the defendant used force only after the marijuana was stolen, the convictions for Hobbs Act robbery and for using a firearm in relation to that robbery (Counts 2 and 3) were reversed for insufficient evidence, and the sentences for those counts were vacated. The conviction and sentence for conspiracy (Count 1) were affirmed. The case was remanded for correction of the judgment. View "United States v. Grable" on Justia Law

Law enforcement officers arrested the defendant after receiving a tip that a fugitive was staying at a local RV park. Upon stopping the defendant’s car for a traffic violation, deputies observed crystal methamphetamine in the front seat and, during a search, found that the defendant was carrying a handgun. Subsequently, a federal grand jury indicted the defendant on two counts: possession of methamphetamine with intent to distribute, which carries a five-year mandatory minimum sentence, and use of a firearm in relation to a drug crime, which also carries a consecutive five-year mandatory minimum sentence.The defendant entered a plea agreement, wherein the government promised to move for a downward departure from the statutory minimum sentence if the defendant provided substantial assistance, reserving discretion over whether and to what extent to make such a motion. The United States District Court for the Southern District of Alabama accepted the plea. The government eventually moved for a downward departure under 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1, but only with respect to the drug possession count. At sentencing, the district court granted the motion and sentenced the defendant below the statutory minimum for both counts, issuing a time-served sentence on the first count and one day on the second count, served consecutively. The government objected, arguing that its motion pertained only to the first count.On appeal, the United States Court of Appeals for the Eleventh Circuit held that 18 U.S.C. § 3553(e) authorizes a departure below a statutory minimum sentence only when the government specifically moves for such a departure as to that particular count. Because the government did not move for a departure on the firearm count, the district court lacked authority to impose a sentence below the statutory minimum for that count. The Eleventh Circuit vacated the sentence as to the firearm count and remanded for resentencing in accordance with its opinion. View "USA v. Day" on Justia Law

Police arrested the defendant after stopping a car in which he was a passenger and finding a loaded handgun, drugs, and cash. Subsequent searches yielded further incriminating evidence, including text messages, videos, and images related to drug trafficking on his cellphone, as well as additional firearms, ammunition, and drugs at his apartment. Officers also discovered a large quantity of marijuana in his girlfriend’s car. The government charged him with five counts: two related to drug distribution, two for illegal firearm possession, and one for possessing a firearm in furtherance of a drug-trafficking crime.The United States District Court for the Southern District of Alabama conducted a jury trial. The government introduced all seized evidence, including digital content and rap music videos. The prosecutor, during closing argument, referred jurors to an exhibit containing Instagram messages that had not been admitted into evidence. The jury convicted the defendant on all counts, with a 45-year sentence imposed, including a 30-year mandatory minimum for the firearm-in-furtherance count. The defendant appealed, raising issues of insufficient evidence, prosecutorial misconduct, the improper admission of rap videos, improper comment on his invocation of Miranda rights, and cumulative error.The United States Court of Appeals for the Eleventh Circuit held that the prosecutor’s reference to the unadmitted exhibit during closing argument constituted plain error that affected the defendant’s substantial rights. The court vacated the conviction and sentence on the count for possession of a firearm in furtherance of a drug-trafficking crime (Count 3) and remanded for a new trial on that count. The court affirmed the district court’s judgment on all other counts, finding no reversible error regarding sufficiency of the evidence, admission of the rap videos, the Miranda issue, or cumulative error. View "United States v. Jones" on Justia Law