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

In 2000, Reginald Bertram Johnson abducted and raped 14-year-old C.A. at gunpoint. Following the assault, C.A. was examined by Dr. Scott Silla at a rape treatment center, where biological specimens were collected. Eight years later, a DNA match linked Johnson to the specimens. At trial, the prosecution introduced Dr. Silla’s report to support the chain of custody for the specimens, despite Johnson’s objection that the report’s admission violated the Confrontation Clause since Dr. Silla did not testify. Johnson was convicted and later filed a habeas corpus petition, which was denied.The Florida District Court of Appeal upheld Johnson’s convictions, ruling that the report was properly authenticated as a business record and that the Confrontation Clause was not violated because Johnson had the opportunity to cross-examine other witnesses involved in the collection and testing of the specimens. The Supreme Court of Florida and the U.S. Supreme Court denied further review. Johnson then exhausted his state post-conviction remedies.The United States Court of Appeals for the Eleventh Circuit reviewed the case, focusing on whether the admission of Dr. Silla’s report without his testimony violated Johnson’s confrontation rights. The court assumed, without deciding, that there was a Confrontation Clause violation but found that any error was harmless. The court concluded that other evidence, including the DNA match and testimonies from C.A., Nurse Carter, Detective Signori, and forensic analyst Sharon Hinz, provided significant corroboration. Thus, the court affirmed the denial of Johnson’s habeas petition, holding that Johnson could not prove actual prejudice from the report’s admission. View "Johnson v. Florida Dept. of Corrections" on Justia Law

Johnathan Morris was pulled over by a Miami police officer after running a stop sign, leading to a brief car chase. Upon stopping, officers found controlled substances on Morris and two firearms with ammunition in his vehicle. Morris, a convicted felon, was charged and later convicted by a jury of possession of a firearm and ammunition by a felon, possession of a controlled substance with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 138 months in prison.Morris appealed his convictions and sentence, raising four challenges to his convictions and one to his sentence. He argued that the evidence was insufficient to convict him, the district court erred in denying his motion to suppress evidence from the traffic stop, the court should have included a special interrogatory on the verdict form requiring the jury to agree unanimously on which firearm he possessed, and the jury instruction on his flight from police was improper. He also contended that his sentence was unreasonable.The United States Court of Appeals for the Eleventh Circuit reviewed the case and found Morris's arguments unpersuasive. The court held that 18 U.S.C. § 922(g) does not require jury unanimity on the specific firearm or ammunition possessed when there is evidence of possession of more than one firearm or ammunition. The court concluded that possession of a particular firearm or ammunition is a means of committing the crime, not an element, and thus, the district court did not err in refusing to include the special interrogatory on the verdict form. Consequently, the Eleventh Circuit affirmed Morris's convictions and sentence. View "United States v. Morris" on Justia Law

In 1977, Steven Schreck escaped from an Oregon prison and assumed the identity of a deceased man, Eugene Sandburg. Schreck acquired a passport using Sandburg’s identity and continued to use this identity for decades, including when renewing his passport. In 2021, Schreck applied for a passport renewal using his real identifying information but submitted his 2011 passport, which contained Sandburg’s false birth details, and certified that he had not made false statements or included false documents in support of his application.A federal grand jury indicted Schreck on two counts: using a passport obtained by a false statement and making a false statement in a passport application. The United States District Court for the Southern District of Florida denied Schreck’s motion to dismiss the indictment and his motions for judgment of acquittal. The jury convicted Schreck on both counts, and the district court sentenced him to 12 months of probation.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that sufficient evidence supported Schreck’s conviction for using a passport obtained by a false statement, as submitting the 2011 passport with the renewal application constituted a “use” under 18 U.S.C. § 1542. The court also found that Schreck’s submission was willful and knowing, as he intentionally included the passport to meet the application requirements. Additionally, the court held that sufficient evidence supported Schreck’s conviction for making a false statement in a passport application, as the term “false documents” in the application covered documents containing untrue information. Schreck’s certification that he had not included false documents was found to be willful and knowing. The Eleventh Circuit affirmed Schreck’s convictions. View "USA v. Schreck" on Justia Law

Edward Thomas James, a Florida inmate sentenced to death, raped and strangled eight-year-old Toni Neuner and murdered Betty Dick by stabbing her in front of her grandchild. He then stole Dick’s belongings and car, traveling across the country and selling her possessions. James was arrested and gave two videotaped confessions. He pleaded guilty to two counts of first-degree murder and other crimes. A jury recommended the death penalty, and the trial court sentenced him to death. The Florida Supreme Court affirmed the death sentences, and the U.S. Supreme Court denied certiorari.James sought state postconviction relief in 1998, but later filed a pro se notice to dismiss his proceedings, which the trial court allowed after ensuring he understood the consequences. Years later, he sought to reinstate his postconviction proceedings, but the trial court denied this, and the Florida Supreme Court affirmed. In 2018, James petitioned for federal habeas relief, which was stayed while he exhausted state claims. The state trial court dismissed his successive motion for postconviction relief, and the Florida Supreme Court affirmed. The U.S. Supreme Court denied certiorari. The district court lifted the stay, and James filed an amended habeas petition, which was denied as untimely. The district court also denied a certificate of appealability and James’s motion for reconsideration.The United States Court of Appeals for the Eleventh Circuit reviewed the case. James filed a motion for reconsideration and an emergency motion to stay his execution, which were denied. He also filed a motion to amend his habeas petition or for relief from judgment under Rule 60(b), which the district court denied. The Eleventh Circuit denied James’s second motion to stay his execution, concluding he did not demonstrate a substantial likelihood of success on the merits or that the equities warranted a stay. The court emphasized the overwhelming evidence of James’s guilt and the public interest in the timely enforcement of his sentence. View "James v. Department of Corrections" on Justia Law

Federal law enforcement officials used a confidential source to make controlled drug purchases from Roderick White, who identified Roshawn Jermaine Davis as his supplier. The FBI, through White, purchased drugs from Davis on nine occasions between January and October 2020. The FBI recorded numerous phone calls between Davis and White, and other co-conspirators, discussing drug trafficking. The FBI also installed a pole camera to monitor Davis’s home and obtained wiretaps on Davis’s cell phones, revealing his involvement in drug trafficking with multiple individuals.A jury in the Southern District of Florida convicted Davis of conspiracy to possess with intent to distribute controlled substances and nine counts of possession with intent to distribute controlled substances. Davis appealed his conspiracy conviction, arguing cumulative error and challenging the district court’s increase of his Sentencing Guidelines range. He also raised a Faretta issue concerning his right to self-representation at sentencing.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed Davis’s convictions, finding no plain error in the district court’s jury instructions or response to the jury’s note. The court also found that the cumulative errors claimed by Davis did not render his trial unfair. However, the court vacated Davis’s sentence and remanded for the district court to conduct an appropriate Faretta inquiry, as Davis had clearly and unequivocally requested to represent himself at sentencing. The court held that the district court erred by not conducting a Faretta hearing to determine if Davis could competently and intelligently waive his right to counsel. View "USA v. Davis" on Justia Law

In January 2021, Moises Sotelo was indicted for receiving and possessing child pornography. He used the social media app LiveMe to trade images of child pornography, including material involving prepubescent minors and sadistic content. Sotelo pled guilty to one count of receiving child pornography, and the government agreed to dismiss the possession charge and recommend a seven-year sentence.The Southern District of Florida calculated Sotelo’s guideline range as 135 to 168 months but sentenced him to 121 months, considering his criminal history and the nature of the offense. Sotelo appealed, arguing the district court did not properly weigh his cooperation, deportation, and the government’s sentencing recommendation.Sotelo also appealed the district court’s order awarding $30,000 in restitution to seven victims. He argued that the district court erred in relying on the NCMEC report and spreadsheet, failed to determine the total number of viewers of the images, and awarded restitution to victims unaware of their images’ circulation. He also contested the individual restitution amounts.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It held that the district court did not abuse its discretion in sentencing Sotelo to 121 months, noting the sentence was below the guideline range and statutory maximum. The court also affirmed the restitution order, finding the NCMEC report and spreadsheet reliable and sufficient to establish restitution. The court rejected Sotelo’s arguments about the necessity of determining the total number of viewers and the awareness of victims, affirming the district court’s awards based on the extensive record and reasonable projections of future costs. View "USA v. Sotelo" on Justia Law

Stevenson Charles engaged in a series of violent crimes against gay men in Miami, Florida, while on probation. Using the dating app Grindr, he lured victims to locations where he brandished a firearm, forced them into their cars, and directed them to banks or stores to withdraw money or purchase gift cards. Charles physically assaulted one victim and shot another multiple times. He expressed hatred towards gay people and indicated a desire to harm them. A federal grand jury indicted Charles on 17 counts, including carjacking, brandishing and discharging a firearm in furtherance of a crime of violence, kidnapping, and bank robbery. Charles pleaded guilty to all counts without a plea agreement.The United States District Court for the Southern District of Florida sentenced Charles to 45 years of imprisonment and 15 years of supervised release, despite the statutory maximum for supervised release being five years. The district court justified the extended supervised release term by noting Charles's stipulation to it in exchange for a reduced prison sentence. The government objected to the supervised release term, arguing it exceeded the statutory maximum and could invalidate the entire sentence.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that a statutory maximum punishment is not waivable and that the district court lacked the authority to impose a supervised release term exceeding the statutory maximum of five years. Consequently, the court vacated Charles's sentence and remanded the case for resentencing, emphasizing that the district court must impose a new sentence considering the statutory sentencing factors without relying on an illegal term of supervised release. View "U.S. v. Charles" on Justia Law

Jeffrey Horn, a former registered stockbroker, was convicted by a jury in April 2022 of conspiracy to commit mail and wire fraud, conspiracy to commit securities fraud, and securities fraud. The district court sentenced him to 100 months in prison, followed by three years of supervised release, and ordered him to pay restitution of $1,469,702. Horn appealed his convictions, challenging the sufficiency of the evidence and alleging cumulative error. He also raised objections regarding the calculation of his loss, restitution, and offense level under the Sentencing Guidelines.The United States District Court for the Southern District of Florida initially reviewed the case. The jury found Horn guilty on all counts, and the district court sentenced him accordingly. Horn's co-defendant, Omar Leon Plummer, was also convicted and sentenced. Horn's appeal followed, raising several issues related to the trial and sentencing.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court's judgment, finding that the evidence was sufficient to support Horn's convictions. The court held that Horn acted with the requisite intent to defraud, as evidenced by his distribution of materially false information to investors and his role in the fraudulent scheme. The court also rejected Horn's arguments regarding cumulative error, finding no merit in his claims.Regarding sentencing, the Eleventh Circuit upheld the district court's application of the Sentencing Guidelines. The court found no clear error in the district court's determination that Horn was an organizer or leader of the criminal activity, justifying a four-level enhancement. The court also affirmed the use of intended loss rather than actual loss for sentencing purposes, consistent with the Guidelines and relevant case law. The court concluded that the district court's loss calculation and restitution order were supported by reliable and specific evidence. View "USA v. Horn" on Justia Law

Two defendants, Antonio Lemus and Carlos Daniel Canario-Vilomar, were convicted of cocaine-related charges under the Maritime Drug Law Enforcement Act (MDLEA). Lemus was apprehended on December 30, 2021, when U.S. Coast Guard officers intercepted a vessel north of Panama, found cocaine, and determined the vessel was without nationality after Colombia could not confirm its registration. Canario-Vilomar was arrested on December 6, 2021, when a similar vessel was intercepted north of Colombia, and the Dominican Republic could not confirm its registration. Both defendants were charged with conspiracy to possess and distribute cocaine on a vessel subject to U.S. jurisdiction.In the Southern District of Florida, Lemus pled guilty to both counts and was sentenced to 87 months in prison. In the Middle District of Florida, Canario-Vilomar pled guilty to conspiracy, and his motion to dismiss the indictment was denied. He was sentenced to 120 months in prison. Both defendants appealed, arguing that the MDLEA exceeded Congress's authority under the Felonies Clause of the Constitution and that their vessels were not stateless under international law. Canario-Vilomar also argued that his offense occurred in an Exclusive Economic Zone (EEZ), which he claimed was beyond Congress's regulatory authority.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Congress's authority under the Felonies Clause is not limited by international law, affirming that the MDLEA's definition of a "vessel without nationality" and the inclusion of the EEZ within the "high seas" were constitutional. The court also rejected Canario-Vilomar's due process argument, citing precedent that the MDLEA does not require a nexus to the United States for jurisdiction. Consequently, the Eleventh Circuit affirmed the convictions of both defendants. View "USA v. Canario-Vilomar" on Justia Law

The case involves the appeals of Rolando Williamson, Hendarius Archie, Ishmywel Gregory, and Adrien Taylor, who were convicted of various drug distribution and conspiracy charges. Williamson argued that the district court erred in denying his motions to suppress evidence obtained from warrants to search his house and apartment, claiming the use of pole cameras violated the Fourth Amendment. Archie contended that the district court allowed improper opinion testimony from a case agent. Gregory challenged the district court’s findings on the type and amount of drugs attributable to him at sentencing. All defendants questioned the sufficiency of the evidence supporting their conspiracy convictions.The United States District Court for the Northern District of Alabama convicted the defendants on multiple counts. Williamson was sentenced to life imprisonment for several counts, including engaging in a continuing criminal enterprise and conspiracy to distribute drugs. Taylor was convicted of distributing methamphetamine and using a communication facility to commit a drug trafficking crime. Gregory was convicted of distributing cocaine and conspiracy to distribute drugs. Archie was convicted of conspiracy to distribute marijuana and possession of a firearm in furtherance of a drug trafficking crime.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the use of pole cameras did not violate Williamson’s Fourth Amendment rights as they surveilled areas exposed to the public. The court found that the case agent’s opinion testimony did not affect Archie’s substantial rights. The evidence was deemed sufficient to support each defendant’s conspiracy conviction. However, Williamson’s conspiracy conviction was vacated as it was a lesser-included offense of his continuing criminal enterprise conviction. Gregory’s sentence was vacated and remanded for resentencing as it exceeded the statutory maximum. The court affirmed the remaining convictions and sentences. View "United States v. Gregory" on Justia Law