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

Over a ten-day period in April 2020, a series of armed robberies targeted MetroPCS stores in the Miami area. The perpetrator, later identified as Francisco Louis, used a consistent method and attire, including a black Mercedes with a distinctive dent. After a police chase, Louis was apprehended, and evidence linking him to the robberies was recovered from his car, satchel, and residence. He was charged with six counts of Hobbs Act robbery.After his arrest, Louis spent several months in state custody before being transferred to federal custody in January 2021. The United States District Court for the Southern District of Florida granted four government-requested continuances for his arraignment and indictment, citing COVID-19 pandemic restrictions. Louis was indicted in April 2021, and his trial was initially set for August 2021. However, Louis, through counsel, requested three additional continuances to prepare for trial, resulting in the trial beginning in March 2022. He was convicted on all counts and sentenced to 218 months in prison.On appeal to the United States Court of Appeals for the Eleventh Circuit, Louis argued violations of both the Speedy Trial Act and the Sixth Amendment’s speedy trial guarantee, as well as challenges to the sufficiency of the evidence, jury instructions, and certain evidentiary rulings. The Eleventh Circuit held that Louis had waived his statutory Speedy Trial Act claim by failing to file a valid motion to dismiss before trial. Regarding the Sixth Amendment claim, the court found that although the delay was presumptively prejudicial, the reasons for delay were attributable to the pandemic and Louis’s own requests, and he failed to show actual prejudice. The court also rejected his other challenges and affirmed the conviction and sentence. View "USA v. Louis" on Justia Law

Federal agents in Florida posted fake online advertisements for underage girls on a website known for sex trafficking. Ralph Tovar responded to one of these ads, persistently contacting the number provided and expressing interest in meeting two girls, aged thirteen and fifteen, for sex. He negotiated the terms, including additional illegal acts for extra payment, and arranged to meet at a hotel, where he paid $550 to an undercover agent for a room key. Tovar was arrested immediately after the transaction. He was indicted on two counts of attempted sex trafficking of a minor and one count of attempted coercion and enticement of a minor to engage in sexual activity. At trial, Tovar claimed he intended to “save” the girls, not exploit them, but the jury found him guilty on all counts.The United States District Court for the Southern District of Florida denied Tovar’s motions for judgment of acquittal, finding sufficient evidence that he knowingly attempted to engage in sex trafficking of minors. The court also rejected his arguments regarding the sufficiency of the government’s proof on the interstate-commerce element, the propriety of the jury instructions, and alleged prosecutorial misconduct during closing arguments.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed Tovar’s new arguments. The court held that the interstate-commerce element of 18 U.S.C. § 1591(a)(1) is not jurisdictional but a substantive element, and thus reviewed for plain error. The court found no error, holding that Tovar’s use of the internet and a cell phone to arrange the transaction satisfied the “in or affecting interstate commerce” requirement. The court also found the jury instructions proper and no prosecutorial misconduct. The Eleventh Circuit affirmed Tovar’s conviction. View "United States v. Tovar" on Justia Law

An American accountant and financial executive, who worked extensively in Russia, was investigated for failing to timely file U.S. tax returns and for concealing substantial assets in Swiss bank accounts. He received millions of dollars in compensation, which he deposited in Swiss accounts held under nominee names. After being notified by Swiss banks of compliance requirements, he transferred accounts and listed his then-wife as the beneficial owner. He did not file timely tax returns or required Foreign Bank Account Reports (FBARs) for several years, later attempting to participate in the IRS’s Streamlined Foreign Offshore Procedures by certifying his failures were non-willful. However, he omitted at least one account from his 2014 FBAR.A grand jury in the Middle District of Florida indicted him on multiple tax-related charges. At trial, the jury convicted him on four counts: failure to file income tax returns for 2013 and 2014, making false statements on his Streamlined certification, and failure to file a compliant 2014 FBAR. The district court sentenced him to 86 months’ imprisonment and ordered over $4 million in restitution to the IRS.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the district court erred in tolling the statute of limitations for the 2013 and 2014 failure-to-file tax return charges because the government’s application for tolling did not specifically identify those offenses, nor did the court make the required findings. As a result, the convictions on those counts were reversed as time-barred. The court affirmed the denial of the motion to suppress evidence from the email search, finding no abuse of discretion in deeming the motion untimely. The court also found no constructive amendment or material variance regarding the FBAR charge. The sentence and restitution order were vacated and remanded for resentencing and further findings on restitution. View "United States v. Gyetvay" on Justia Law

Federal agents discovered that an individual was sharing files containing child pornography over a peer-to-peer network. After obtaining a search warrant, law enforcement searched his residence and seized several digital devices. Forensic analysis revealed that he had downloaded and shared over 300 images and 150 videos depicting minors engaged in sexually explicit conduct. He was indicted in the United States District Court for the Middle District of Florida on one count of possessing and accessing with intent to view child pornography involving a minor under twelve years of age. The defendant waived his right to a jury trial and proceeded to a bench trial based on stipulated facts, after which the district court found him guilty.Prior to sentencing, the United States Probation Office prepared a Presentence Investigation Report, which calculated his total offense level as 30, including a five-level enhancement for offenses involving 600 or more images. The calculation treated each video as equivalent to 75 images, based on Sentencing Commission commentary. The defendant objected, arguing that the guideline’s text did not support this interpretation, but the district court overruled the objection and imposed a sentence of 97 months’ imprisonment and 15 years of supervised release. The court also ordered restitution of $3,000 to each of thirteen victims, totaling $39,000, and denied the defendant’s request for a jury to determine restitution. The written judgment included standard conditions of supervised release, which were not individually enumerated at sentencing.The United States Court of Appeals for the Eleventh Circuit affirmed the district court’s judgment. The court held that the sentencing guideline unambiguously requires each video frame containing child pornography to be counted as one image, but since the defendant conceded that his conduct exceeded the threshold for the highest enhancement, the sentence was affirmed. The court also held that neither the Fifth nor Sixth Amendments require a jury to determine restitution amounts, and that the district court was not required to disaggregate losses caused by the initial abuse. Finally, the court found no error in the district court’s pronouncement of supervised release conditions. View "USA v. Kluge" on Justia Law

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