Verdict . News

•Gabriel Rojas-Lopez received 24-month sentence for illegal reentry under 18 U.S.C. § 1326(a)

11th Circuit Upholds 24-Month Sentence for Illegal Reentry

The U.S. Court of Appeals for the Eleventh Circuit affirmed a 24-month prison sentence for Gabriel Rojas-Lopez, who was convicted of unlawfully being present in the United States after previous removal. The defendant, also known as Francisco Reyes, had challenged the district court's upward variance from sentencing guidelines.

•Eleventh Circuit rejected appellant's challenge to upward sentencing variance

•Charlie Holley shot at a USPS vehicle with a scoped assault rifle from his Florida City townhouse on June 21, 2021

11th Circuit Reviews Florida Man's Appeal in Postal Worker Shooting

The U.S. Court of Appeals for the Eleventh Circuit is considering Charlie Holley's appeal of his federal conviction for shooting at a United States Postal Service vehicle from his Florida City townhouse in June 2021. Holley challenges the admission of body camera footage and 911 call recordings at trial.

•He was convicted on four federal counts including assaulting a federal employee and firearm charges

•Eleventh Circuit affirmed conviction of former postal worker Myelicia Rodgers for mail tampering and theft

11th Circuit Affirms Postal Worker Conviction, Rejects Fifth Amendment Challenge

The U.S. Court of Appeals for the Eleventh Circuit affirmed the conviction of former postal worker Myelicia T. Rodgers for mail tampering and theft, rejecting her argument that the district court violated her Fifth Amendment rights by drawing adverse inferences from her refusal to testify.

•Court rejected argument that trial judge violated Fifth Amendment by commenting on defendant's refusal to testify

•The 11th Circuit affirmed that attempted crimes of violence qualify as crimes of violence under federal sentencing guidelines

11th Circuit: Attempted Violent Crimes Count for Enhanced Sentencing

The U.S. Court of Appeals for the Eleventh Circuit affirmed that attempted crimes of violence qualify as crimes of violence under federal sentencing guidelines. The court ruled in United States v. Joseph Ott that a 2023 Sentencing Commission amendment definitively resolved the question of whether attempts count for enhanced sentencing purposes.

•A 2023 Sentencing Commission amendment explicitly defined crimes of violence to include attempts, resolving prior legal uncertainty

•Eleventh Circuit granted qualified immunity to deputy who killed man while driving drunk and fleeing scene

11th Circuit Grants Qualified Immunity to Deputy in Fatal DUI Case

The Eleventh Circuit Court of Appeals reversed a district court ruling and granted qualified immunity to a sheriff's deputy who killed a man while driving drunk and fleeing the scene. The court held that despite the deputy's conduct, existing precedent did not clearly establish the unconstitutionality of his actions.

•Court ruled existing precedent didn't clearly establish deputy's conduct as unconstitutional

•Eleventh Circuit affirmed dismissal of pro se plaintiff's Section 1983 and ERISA claims against Atlanta and Blue Cross

11th Circuit Affirms Dismissal of Wright v. Atlanta Civil Rights Suit

The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of pro se plaintiff Carolyn Wright's federal civil rights and ERISA claims against the City of Atlanta and Blue Cross Blue Shield of Georgia. Wright had argued the district court judge should have recused himself and erred in dismissing her case.

•Wright argued unsuccessfully that district judge should have recused himself due to alleged bias

•11th Circuit affirmed federal felon-in-possession conviction, rejecting Second Amendment challenges

11th Circuit Upholds Federal Gun Ban for Convicted Felons

The U.S. Court of Appeals for the Eleventh Circuit affirmed a felon-in-possession conviction, rejecting constitutional challenges to federal law prohibiting convicted felons from possessing firearms. The court granted the government's motion for summary affirmance in the case of Ro'Daryus Mitchell.

•Court granted government's motion for summary affirmance in United States v. Mitchell

•Eleventh Circuit affirmed summary judgment against legally blind inmate Kevin Lewis who sued Georgia county sheriffs for ADA violations

11th Circuit Affirms Summary Judgment Against Legally Blind Inmate's ADA Claims

The Eleventh Circuit Court of Appeals affirmed a district court's summary judgment ruling against Kevin Lewis, a legally blind plaintiff who sued Georgia county sheriffs for allegedly denying disability accommodations during his jail detention.

•Lewis was denied accommodations for reading documents, navigation, and accessing jail services during detentions lasting less than 48 hours and 16 days

•Eleventh Circuit affirmed 156-month sentence for Stephen Jerome Brinson's fentanyl distribution conviction

11th Circuit Upholds 156-Month Fentanyl Distribution Sentence

The U.S. Court of Appeals for the Eleventh Circuit rejected Stephen Jerome Brinson's appeal of his 156-month prison sentence for fentanyl distribution. Brinson had argued the sentence was substantively unreasonable because the district court failed to consider mitigating factors including his age, health, remorse, and time already served.

•Brinson argued the upward variance was unreasonable due to unconsidered mitigating factors including age, health, and remorse