Category: Appeals

In United States v. Jacinto-Gonzalez, 2018 WL 1378021, the Eleventh Circuit vacated a sentence in order for an inmate to be credited with the time that he spent in a federal facility. Jacinto- Gonzalez was arrested and charged with being in the United States after being previously deported. He pled guilty on June 23 and […]

In United States v. Bell, 2018 WL 1432956, the Third Circuit vacated an improperly assigned sentence. Bell pled guilty to the offense of felon in possession of a firearm. He was enhanced at sentencing due to the ACCA and his priors. Bell’s first ground for appeal, that his priors did not meet the standard for the […]

In Hicks v. United States, No. 11-50608, the Fifth Circuit remanded a sentence where the defendant’s alleged conduct was before the enactment of the Fair Sentencing Act but his sentencing was after the enactment of the Fair Sentencing Act. Hicks was arrested on April 8 and a search revealed 80 grams of crack cocaine.  His […]

In Higdon v. United States, No. 17-5027, the Sixth Circuit held that an inmate’s prior conviction for discharging a firearm into an occupied structure was not a crime of violence. Higdon pled guilty to being a felon in possession of a firearm. The district court found that Higdon was an Armed Career Criminal based, in […]

In United States v. Knight, No. 16-10404, the Ninth Circuit vacated a sentence after the government failed to recommend a third point off the defendant’s acceptance of responsibility point. Knight originally pled not guilty and asked to extend his trial date. Knight also filed a motion to suppress evidence which was denied. Knight then asked […]

In United States v. O'Connor, No. 16-3300, the Tenth Circuit found that Hobbs Act robbery was not a "crime of violence" under the Sentencing Guidelines. O’Connor pled guilty to being a felon in possession of a firearm without a plea agreement. The presentence report indicated that O’Connor’s base offense level should be 20 based on […]

In United States v. Suarez, No. 16-41267, the Fifth Circuit remanded a sentence back to the District Court for failing to properly charge the jury in a case where a mandatory minimum was at issue. Suarez was found with meth, drug-distributing items, a .380 pistol and a Winchester sawed-off shotgun that was disassembled with a […]