Category: Appeals

Vargas argued that an inchoate offense such as conspiracy does not qualify as a “controlled substance offense” as defined by the Guidelines. Vargas' Argument in District and Fifth Circuit Court Vargas pled guilty to conspiracy to possess with intent to distribute cocaine. The probation officer determined that Vargas was a career offender under U.S.S.G. 4B1.1(a) […]

Prosecutor’s closing statement and cumulative error used to vacate and remand in the Tenth Circuit in Starks case. Trial and Conviction Starks was convicted for possession with intent to distribute fentanyl and heroin. In an unusual manner, the district court decided it would give the bulk its jury instructions before the evidence was heard. At […]

A person has the right to go to trial if they are charged with a criminal offense. Consistent with that right to trial is the right to know what the government must prove to find a person guilty. A constructive amendment makes that much more difficult by adding ways that a person can be found […]

United States v. Taylor, No. 20-1459 (2022) All, the United States Supreme Court has decided the Taylor case, a case of importance to many. In Taylor, the Supreme Court held that Attempted Hobbs Act Robbery Crimes are not Crimes of Violence under 924(c)(3)(A), otherwise known as the “elements clause.”  This is important because many incarcerated […]

In 2019, Morehouse was indicted on one count of distribution of child pornography, in violation of 18 U.S.C. 2252A(a)(2) and (b)(1). Morehouse agreed to plead guilty to the one-count indictment and Probation prepared its presentence investigation report (“PSR”). The PSR attributed a 5-level enhancement to Morehouse’s base offense level for distribution “in exchange for any […]

In United States v. Perry, __F.4th__ (5th Cir. 2022), the Fifth Circuit Vacated 924(c) convictions based on either RICO Conspiracy or Drug Trafficking. Facts: Multi-Defendant Trial that involved 924c's and a duplicitous indictment. This consolidated appeal involved ten defendants following a six-week trial. In April 2016, a federal grand jury returned a 47-count superseding indictment […]

The Fifth Circuit reversed a conviction for Hamman  based on error of confrontation clause. Hamman was charged with conspiracy with intent to possess meth and conspiracy to distribute meth.  His indictment also alleged two serious drug felonies for purposes of the career offender enhancement. Background He went to trial on the conspiracy charge.  During opening […]

FACTS:  Courtroom closed, Audio Stream Only Allen was found sitting in what appeared to be a stolen vehicle.  A loaded rifle was also found in the vehicle.  He was eventually charged with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g). In September of 2020, when […]

FACTS:  Felon in Possession case with Enhancement for Prior Crime of Violence Abreu pled guilty to felon in possession of a weapon.  In preparing his guidelines the probation department stated that USSG 2k2.1(a)(4) applied.  That thing sets a base offense level of 20 if: the defendant committed any part of the instant offense subsequent to […]

Pierre was a suspected courier for a drug conspiracy.  The agents saw Pierre throw two bags of cocaine into a co-conspirator’s car.  He was later indicted for conspiring to traffic 280 grams or more of cocaine base and distributing 28 or more grams of cocaine base.   The parties came to a plea agreement: Under it, […]