EPISODE :#8: Federal Criminal Case Law Update (9/6/22 - 9/9/22)
OVERVIEW
- 7 cases
- 1 published decisions
- 6 unpublished decisions
Before we get to last week’s opinions, I wanted to give you this note from the outstanding Federal Public Defenders Conrad Kahn and Jim Skuthan out of Orlando. The important precedential decision in Eugene Jackson was vacated by the 11th Circuit on September 8th and the Court ordered supplemental briefing. In Eugene Jackson, the 11th Circuit recently held that pre-July 2017 Florida cocaine convictions are not “serious drug offenses” under the Armed Career Criminal Act. But apparently the Court wants to revisit the issue.
So, Eugene Jackson is no longer good law, but the issue is also not foreclosed by precedent. So, you can still argue that a pre July 2017 Florida cocaine conviction under 893.13 is not a “serious drug offense” and we will see how the 11th Circuit ultimately rules in the Eugene Jackson decision.
Case # 1 - USA v. Mack and Jaycee Doak, No. 19-15106 (11th Cir. Pub. Dec.)(September 7, 2022)
- Mack and Jaycee Doak were convicted of several counts related to Mack Doak’s transporting his three adopted children across state lines to sexually abuse them and Jaycee Doak’s aiding and abetting Mack.
Case #2 - Presendieu v. USA, No. 21-12552 (11th Cir. Unpub. Dec.)(September 9, 2022)
- Mr. Presendieu challenges the denial of his 2255 motion that alleged his counsel was ineffective for failing to present evidence of his cooperation at sentencing and for failing to challenge the government’s loss calculation.
Case #3 - USA v. Garcia Vasquez, No. 21-12288 (11th Cir. Unpub. Dec.)(September 9, 2022)
- Mr. Garcia Vasquez appeals his 15 month sentence for illegal reentry as substantively unreasonable.
Case #4 - USA v. Hunt, No. 19-14830 (11th Cir. Unpub. Dec.)(September 9, 2022)
- Hunt is a First Step Act sentence reduction case where Mr. Hunt was originally sentenced to life or 360 months for various crack cocaine and powder cocaine convictions.
Case #5 - USA v. Mellon, No. 21-12248 (11th Cir. Unpub. Dec.)(September 7, 2022)
- Mr. Mellon argues on appeal that the trial court erred by finding the government proved by a preponderance of the evidence that substances found in his residence and vehicle were marijuana and applying the 2K2.1(b)(6)(B) enhancement fro possession of a firearm in connection with another felony and applying the 2K2.1(b)(4) enhancement for possessing a stolen gun because it’s strict liability violates due process.
Case #6 - USA v. Romeu, No. 21-13321 (11th Cir. Unpub. Dec.)(September 9, 2022)
- Romeu is a compassionate release case.
Case #7 - USA v. Saldana, No. 20-14707 (11th Cir. Unpub. Dec.)(September 7, 2022)
- Saldana is First Step Act sentence reduction case where Mr. Saldana sought a sentence reduction because a jury did not find that he was responsible for 1.5 kilos of crack cocaine and the Apprendi decision requiring a jury finding on the drug amount was decided while his direct appeal was pending.