The U.S. Court of Appeals for the Eleventh Circuit has affirmed the convictions of three defendants in a federal murder-for-hire conspiracy case that resulted in the deaths of two victims. In a per curiam opinion filed Jan. 21, the appeals court rejected multiple arguments raised by defendants Kermon Williams, James Higgs Jr., and Jhaphre Higgs in their challenge to their convictions.
The defendants, who used aliases including "The General," "Pre," and "Hammer," were convicted after a thirteen-day trial in the U.S. District Court for the Middle District of Florida. The case involved a plot to commit murder-for-hire that led to the deaths of Tywan Armstrong and Roger Ford.
The original criminal charges were filed in 2019 under case number 8:19-cr-00293-CEH-CPT-1 in the Middle District of Florida. Following their convictions at the district court level, the defendants appealed their case to the Eleventh Circuit, which heard the matter under case number 22-13469.
On appeal, the defendants raised several legal challenges to their convictions. They argued that they did not use a "facility of" interstate commerce under the federal murder-for-hire statute, 18 U.S.C. § 1958. This argument goes to the heart of federal jurisdiction, as the murder-for-hire statute requires the use of interstate commerce facilities to establish federal court authority over such cases.
The defendants also challenged the constitutionality of the murder-for-hire statute itself, arguing that Section 1958 exceeds Congress's commerce power insofar as it reaches their allegedly purely intrastate use of a personal vehicle to commit the offenses. This constitutional argument questioned whether Congress had the authority under the Commerce Clause to criminalize their specific conduct.
Additionally, the defendants contended that the evidence was insufficient to prove they conspired or attempted to possess cocaine with intent to distribute. This suggests that drug-related charges were part of the broader criminal conspiracy prosecuted in the case.
The Eleventh Circuit panel, consisting of Circuit Judges Rosenbaum, Newsom, and Anderson, carefully reviewed the record and considered supplemental briefing on recent precedent. The court specifically noted receiving additional briefing related to *United States v. Bryan*, indicating that recent legal developments may have been relevant to the constitutional and statutory interpretation issues raised by the defendants.
The appeals court ultimately rejected all of the defendants' arguments and affirmed their convictions. The opinion was issued as a per curiam decision, meaning it was issued by the court as a whole rather than authored by a single judge. The decision was also marked "NOT FOR PUBLICATION," indicating that while it resolves the case, it may have limited precedential value for future cases.
Murder-for-hire cases fall under federal jurisdiction when they involve the use of interstate commerce facilities, such as crossing state lines, using telephones, or employing the internet to facilitate the criminal conspiracy. The federal murder-for-hire statute, 18 U.S.C. § 1958, makes it a federal crime to use or cause another to use any facility of interstate or foreign commerce, including the mail, to commit murder-for-hire.
The case highlights the intersection of federal criminal law with constitutional limitations on congressional power. Defendants in federal cases often challenge the government's authority to prosecute them under federal law, particularly when the alleged criminal conduct appears to be primarily local in nature.
The conviction of Williams, known as "The General," along with the Higgs brothers, demonstrates federal prosecutors' continued focus on violent criminal enterprises. The use of aliases by the defendants suggests they may have been part of an organized criminal operation.
The deaths of Armstrong and Ford represent the tragic outcome of what prosecutors successfully argued was a murder-for-hire conspiracy. Federal murder-for-hire convictions typically carry severe penalties, including the possibility of life imprisonment or, in some cases, the death penalty.
The Eleventh Circuit's decision to hear the case on its Non-Argument Calendar indicates that the court determined oral arguments were not necessary to resolve the legal issues presented. This procedural designation is often used for cases where the legal questions are well-settled or where the record clearly supports the lower court's decision.
With the Eleventh Circuit's affirmation of their convictions, the defendants' options for further appeal are limited. They could potentially seek review by the Supreme Court through a petition for certiorari, though the high court accepts only a small percentage of such petitions for review.
The case underscores the serious federal penalties that apply to murder-for-hire conspiracies and the government's ability to prosecute such crimes under federal law when interstate commerce elements are present.