Topic
Every decision we've filed under Fifth Amendment - Double Jeopardy.
The Ninth Circuit affirmed a ninety-six-month sentence for drug possession and distribution. The court rejected the defendant's arguments that acquitted conduct sentencing violated the Double Jeopardy Clause.
The Sixth Circuit affirmed the conviction of Samuel Harris for violating the Anti-Kickback Statute. The court held that Harris failed to establish an advice-of-counsel defense because he withheld material facts from his attorney regarding his payment structure.
The Tenth Circuit affirmed Adam Joseph King's conviction for sexual offenses in Indian Country, ruling that the evidence was sufficient to prove the victim's Indian status and the defendant's non-Indian status. The court further held that the district court did not abuse its discretion by allowing alternate charges under two different federal statutes, provided the jury was instructed to convict on only one theory.
The Eleventh Circuit affirmed Jordan Pulido's convictions for transporting a minor with the intent to engage in criminal sexual activity. The court held that an indictment under 18 U.S.C. § 2423(a) is legally sufficient even if it does not specify the underlying criminal sexual offenses.
The Sixth Circuit affirmed the conviction and 144-month sentence of Andrew Golobic, an ICE agent who used his authority to coerce sexual encounters with immigrants under his supervision. The court rejected all challenges regarding jury management, multiplicity of charges, and sentencing enhancements, clarifying that obstruction enhancements apply to pre-investigation conduct.
The Tenth Circuit affirmed Kyle Aguilar's convictions for two counts of Abusive Sexual Contact in Indian Country, ruling that the statute treats touching different body parts as separate criminal acts. The court further held that the victim's testimony provided sufficient evidence for a jury to infer the defendant's intent to gratify his sexual desire.
The Second Circuit affirmed Andrew Davis's conviction for conspiracy to commit money laundering, ruling that circumstantial evidence sufficiently linked his girlfriend's cash deposits to his drug trafficking proceeds. The court also rejected ten pro se arguments regarding ineffective assistance, double jeopardy, and sentencing enhancements as meritless, forfeited, or premature.
The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.
The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.