EPISODE :#6: Federal Case Law Update (8/29/22 - 9/2/22)
OVERVIEW
Case # 1 - USA v. Acevedo, No. 21-13357 (11th Cir. Unpub. Dec.)(August 29, 2022)
Acavedo is a substantive reasonableness of the sentence case where Mr. Acavedo challenges his bottom of the guideline sentence based on his lack of criminal history and his co-defendant's lower sentences.
Case #2 - USA v. Alfonso Feliz, 21-13267 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)
Mr. Feliz challenges the trial courts application of 3C1.2 Reckless Endangerment two offense level enhancement and the denial of his request for a 3B1.2 Minor Role reduction.
Case #3 - USA v. Catalano, 21-10759 (11th Cir. Unpub. Dec.)(August 29, 2022)
Ms. Catalano raised on direct appeal an allegation that her trial counsel was ineffective for recommending she plea to a Notice of Maximum Penalties and preserve her right to appeal as opposed to accepting a plea agreement that would have resulted in a lower guideline range, but also with an appeal waiver.
Case #4 - USA v. Devlin, No. 21-12931 (11th Cir. Unpub. Dec.)(August 31, 2022)
Mr. Devlin challenges the criminal forfeiture entered into by the district court several years after the order was entered.
Case #5 - USA v. Eatmon, No. 20-11845 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)
Eatmon is a case sent down from the Supreme Court applying that Court's decision in Concepcion requiring the trial court to consider intervening changes in law when parties raise that issue.
Case #6 - USA v. Lee, No. 20-13968 (11th Cir. Unpub. Dec.)(August 31, 2022)
Mr. Lee challenged the guideline calculation on his case where the case had previously been reduced based on guideline changes to the drug quantity tables.
Case #7 - USA v. Moore, 21-13285 (11th Cir. Unpub. Dec. )(August 29, 2022)
Mr. Moore challenges the trial court's 96 month sentence which was 26 months above the top of the guidelines.
Case #8 - USA v. Saldana, 20-14632 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)
Saldana is a compassionate release case where Mr. Saldana has end stage kidney disease.
Case #9 - USA v. Weaver, No. 21-13137 (11th Cir. Unpub. Dec.)(August 31, 2022)
Weaver is a Fair Sentencing Act sentence reduction case involving the issue of a subsequent request for a sentence reduction when the court has already imposed or reduced the sentence in accordance with the Fair Sentencing Act.