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Articles Posted in Eleventh Circuit Court of Appeals

Forfeiture of $1.7 million for crime involving $22,000: Court of Appeals says this is not “disproportionate”
Kish Law LLC

When we handle federal criminal cases here in Atlanta, Georgia and in other parts of the country, our clients often face criminal penalties along with possible forfeiture of their property. Lawyers often forget how important these financial penalties can be. A recent case from the United States Court of Appeals for the Eleventh Circuit (located…

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Atlanta-based Federal Court of Appeals Reverses Obstruction Conviction Because No Evidence Defendant Aware of the Proceeding He Supposedly Obstructed
Kish Law LLC

Our local Federal Court of Appeals, sitting just down the street from our offices here in Atlanta, yesterday reversed a federal criminal conviction for obstruction of justice. The prosecutors contended that the defendant tried to obstruct a forfeiture matter. The Eleventh Circuit joined other courts and relied on some earlier Supreme Court cases by holding…

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11th Circuit Affirms Most but Not All Convictions in Siegelman/scrushy
Kish Law LLC

Just a few hours ago the 11th Circuit Court of Appeals sitting here in Atlanta affirmed most, but not all, of the convictions in the long-running saga of US v. Don Siegelman and Richard Scrushy. Don Siegelman was the Governor of Alabama. Richard Scrushy was the founder and Chief Executive Officer of HealthSouth. The case…

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Williams: Eleventh Circuit Holds That Defendant Who Testified to His Innocence at Trial Should Have Received Sentencing Enhancement for Obstruction of Justice and No Reduction for Acceptance of Responsibility
Kish Law LLC

Last week, the Eleventh Circuit Court of Appeals decided United States v. Williams. The Court held that the sentencing judge clearly erred in granting a reduction for acceptance of responsibility and denying an enhancement for obstruction of justice because Mr. Williams testified to his factual innocence at trial after withdrawing his guilty plea. Following a…

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Davis: United States Supreme Court Will Hear Case Arising Out of the Eleventh Circuit Regarding the Good Faith Exception to the Exclusionary Rule in Criminal Cases
Kish Law LLC

Earlier this week, the Supreme Court granted certiorari in Davis v. United States. The Court will resolve a federal circuit court split: whether the good faith exception to the exclusionary rule applies to a search that is later ruled unconstitutional. This March, the Eleventh Circuit held in Davis that the exclusionary rule does not apply…

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Villarreal: Eleventh Circuit Court of Appeals Denies Speedy Trial Claim Where Ten Years Elapsed Between Indictment and Arrest
Kish Law LLC

The Eleventh Circuit Court of Appeals held last week that a ten-year delay between indictment and arrest did not deprive Victor Garcia Villarreal of his constitutional right to a speedy trial. The Court employed a four-factor balancing test, holding that although the length of the delay gave rise to a presumption of prejudice, the reason…

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U.S. v. Belfast: Eleventh Circuit Court of Appeals Holds That § 924(c) May Apply to Crimes of Violence Committed Outside United States Territory
Kish Law LLC

Last month, the Eleventh Circuit Court of Appeals held that 18 U.S.C. § 924(c), which makes it a federal crime to use or possess a firearm in connection with a crime of violence, can apply to crimes of violence committed outside the United States. In U.S. v. Belfast, the first case prosecuting an individual under…

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U.s. v. Irey: Divided en Banc Eleventh Circuit Holds Criminal Child Pornography Sentence Substantively Unreasonable and Remands for Sentencing at Statutory Maximum
Kish Law LLC

Last week, the Eleventh Circuit Court of Appeals, sitting en banc, decided United States v. Irey. The 142-page majority opinion recounted gruesome sex crimes that Mr. Irey admitted to committing against as many as 50 Cambodian girls, some as young as four years old. The Court held that the 17½ year sentence ordered by the…

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Cunningham: Eleventh Circuit Joins Other Courts of Appeals in Holding That Alleged Violations of Supervised Release Do Not Implicate Jury Trial and Evidentiary Standards as Applied by Apprendi and Blakely
Kish Law LLC

In late May, the Eleventh Circuit Court of Appeals, which hears appeals from federal cases in Florida, Georgia, and Alabama, decided U.S. v. Cunningham. The Court held that the federal statute that provides for revocation of supervised release is constitutional under the Fifth and Sixth Amendments, despite its provision for reimprisonment of a criminal defendant…

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Change of Law in the Eleventh Circuit: Supreme Court Holds That a Sentencing Court May Order Restitution Even After Missing 90-Day Deadline
Kish Law LLC

Earlier this month, the Supreme Court announced its decision in Dolan v. United States, resolving a circuit court split. This decision abrogates U.S. v. Maung, a 2001 Eleventh Circuit case that held that a federal court imposing a criminal sentence lacks the authority to enter a restitution order after the 90-day deadline has expired. The…

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