Topic
Every decision we've filed under Criminal.
The Supreme Court held that Congress did not clearly authorize cumulative convictions under both 18 U.S.C. § 924(c)(1)(A)(i) and § 924(j) for a single act. The Court reversed the Second Circuit, ruling that a single fatal violation yields only one conviction despite the provisions satisfying the Blockburger test for separate offenses.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program. The court held that the district judge provided sufficient justification for a nineteen-month upward variance based on the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program, rejecting the defendant's claim that the district court failed to justify a nineteen-month upward variance. The appellate court held that the district judge provided sufficient reasoning by highlighting the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The First Circuit affirmed Marcus Mello's 181-month sentence for drug trafficking and firearm possession, rejecting his challenges to the drug quantity calculation and sentencing enhancements. The court held that the district court reasonably relied on WhatsApp messages and seized samples to estimate drug weight and properly denied acceptance of responsibility due to Mello's failure to appear for trial.
The First Circuit affirmed Marcus Mello's 181-month sentence for drug trafficking and firearm possession, rejecting his challenges to the drug quantity calculation and sentencing enhancements. The court held that the district court reasonably varied below the Guidelines range while accounting for Mello's history and the severity of his conduct.
The Eleventh Circuit vacated Abdoulaye Barry's sentence because the district court failed to make individualized findings regarding the scope of his jointly undertaken criminal activity before holding him accountable for his codefendants' losses. The court remanded the case for resentencing to correct the loss calculation and a clerical error in the criminal judgment.
The Eleventh Circuit held that the Hobbs Act requires force or threatened force to be used before or during the taking of property to constitute robbery. Because the defendant used force only after the property was stolen and carried away, the court set aside his Hobbs Act robbery conviction.
The Eleventh Circuit held that a district court lacks authority to depart below a statutory minimum sentence for one offense based solely on a government motion for substantial assistance regarding a separate offense. The court vacated the judgment and remanded for resentencing to ensure compliance with the specific statutory minimums attached to each count.
The First Circuit affirmed the convictions of Sixto Jorge Díaz-Colón for attempted extortion, transmitting threatening communications, and destroying records. The court rejected all challenges regarding the sufficiency of evidence, alleged prosecutorial misconduct, and trial rulings.
The First Circuit affirmed the convictions and sentences of two Massachusetts State Police officers for a federal overtime fraud scheme but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the defendant's financial aid was directly traceable to his fraud rather than what he would have received legitimately.