Cases

CCA 20160335 DAILY JOURNAL Petitions for Grant of Review Filed

CCA 20160335 DAILY JOURNAL Interlocutory Orders Appellant’s motion to extend time to file the supplement to the petition for grant of review granted to September 13, 2017.

MEMORANDUM OPINION AND ORDER re: FORFEITURE STEPHEN P. FRIOT, UNITED STATES DISTRICT JUDGE Table of Contents I. Introduction... 881 A. The Criminal Charges.. .882 B. The Trials and Convictions... 883 C. The Moving Papers and Evidentiary Hearing.. .884 II. Authority for Forfeiture... 886 A

CALABRESI, Circuit Judge: This case presents a question that is new to our circuit: what evidence is sufficient under the Lindbergh Law, 18 U.S.C. § 1201(a), to convict a defendant of “holding” a victim against the victim’s will? Other circuits differ as to whether a defendant who first “takes” control of his victim by “decoy” or trick must intend to back up his pretense with ph

762 F.Supp.2d 428 (2011) UNITED STATES of America v. Larry CORBETT. No. 3:10-cr-28 (CFD). United States District Court, D. Connecticut. January 19, 2011. *429 H. Gordon Hall, U.S. Attorney's Office, New Haven, CT, for Plaintiff. James A. Wade, Craig A. Raabe, Kori Termine Wisneski Robinson & Cole, Hartford, CT, for Def

*146MEMORANDUM ** Justin Matthew Fletcher appeals from the 150-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, and possession of a stolen firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 922(j). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Fletcher con

*146MEMORANDUM ** Justin Matthew Fletcher appeals from the 150-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, and possession of a stolen firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 922(j). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Fletcher con

MEMORANDUM ** Rodney Royce Miller appeals from the 35-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We *288have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Miller contends that the district court erred at

MEMORANDUM ** Michael Gushwa appeals the district court’s denial of his suppression motion, *448after which he entered a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Gushwa, a passenger in a car that police lawfully stopped, lied when officers asked for his name. The officers knew he was

MEMORANDUM ** Rodney Royce Miller appeals from the 35-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We *288have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Miller contends that the district court erred at

MEMORANDUM ** Chad Rae Franklin appeals from the 105-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Franklin contends that his sentence is unreasonable in light of his social history, military background, and psychological il

MEMORANDUM ** Travis Ray Bender appeals from the 46-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Bender contends that the district court procedurally erred by failing to consider the factors set forth in 18 U.S.C. § 3553(a)

MEMORANDUM ** Chad Rae Franklin appeals from the 105-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Franklin contends that his sentence is unreasonable in light of his social history, military background, and psychological il

MEMORANDUM ** Michael Gushwa appeals the district court’s denial of his suppression motion, *448after which he entered a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Gushwa, a passenger in a car that police lawfully stopped, lied when officers asked for his name. The officers knew he was

MEMORANDUM ** Travis Ray Bender appeals from the 46-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Bender contends that the district court procedurally erred by failing to consider the factors set forth in 18 U.S.C. § 3553(a)

519 F.Supp.2d 283 (2007) UNITED STATES of America v. Kory THOMAS. No. 3:07cr132(JBA). United States District Court, D. Connecticut. October 26, 2007. *284 Donald J. Cretella, Jr., Zingaro & Cretella, Bridgeport, CT, for Kory Thomas. James Ross Smart, U.S. Attorney's Office, Bridgeport, CT, John H. Durham, Peter D. Mark

548 F.Supp.2d 661 (2008) UNITED STATES of America, Plaintiff, v. Kory BIAMI, Defendant. No. 95-CR-93. United States District Court, E.D. Wisconsin. April 22, 2008. *662 John J. Manning, Pamela Pepper, Kelly Brown Watzka, United States Department of Justice, Office of the US Attorney, Milwaukee, WI, for Plaintiff.

ORDER DENYING A CERTIFICATE OF APPEALABILITY CARLOS F. LUCERO, Circuit Judge. Kory Flynn Orr, a federal prisoner proceeding pro se, requests a certificate of appealability (“COA”) to challenge the denial of his 28 U.S.C. § 2255 petition. Orr claims he was denied effective assistance of counsel both during sentencing and while negotiating the waiver of hi

PER CURIAM. Kory Ray Smith entered a conditional guilty plea to the charge of knowing possession of counterfeit currency, in violation of 18 U.S.C. §§ 2 and 472. He reserved the right to appeal the district court’s denial of his pre-trial motion to suppress evidence. Smith now argues that the district court erred in (1) reversing its initial grant of his motion to suppress, (2) denying the motion to suppress, and (3) applyin

598 F.3d 1372 (2010) JADE TRADING, LLC, by and through, Robert W. ERVIN and Laura Kavanaugh Ervin on behalf of Ervin Capital, LLC, Partners Other Than the Tax Matters Partner, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. No. 2008-5045. United States Court of Appeals, Federal Circuit. March 23, 2010. *1373 David D.