federal court

Recent Federal Appellate Victories

U.S. v. Baggett, 459 Fed.Appx. 886 (11th Cir. 2012) (vacating conviction and

vacating guilty plea for use of a firearm under 18 U.S.C. § 924(c) based on

government’s failure to properly state an offense in the indictment; vacating order of

restitution imposed for non-qualifying offense)

U.S. v. Bell, 588 Fed.Appx. 875 (11th Cir. 2014) (reversing conviction for aggravated

identity theft, in violation of 18 U.S.C. § 1028A(a)(1), and finding government failed

to prove more than speculation that defendant’s possession of document facilitated

fraud; finding government’s analogy to firearm possession cases “misplaced”)

U.S. v. Diaz-Rosado, 615 Fed.Appx. 569 (11th Cir. 2015) (vacating life sentence;

reversing four-level aggravated role enhancement and mandating sentence without

enhancement and with reconsideration of acceptance of responsibility)

U.S. v. Lall, 607 F.3d 1277 (11th Cir. 2010) (vacating defendant’s convictions on

fraud counts; defendant’s confession to committing fraud was involuntary).

U.S. v. Hesser, 800 F.3d 1310 (11th Cir. 2015) (reversing as jurisdictionally barred

the imposition of restitution judgment in tax evasion case)

U.S. v. Arencebia, 613 Fed.Appx. 882 (11th Cir. 2015) (vacating sentences imposed

consecutively in three separate cases; holding that sentencing in probation revocation

hearing was procedurally unreasonable)

Stansell v. Revolutionary Armed Forces of Colombia, 771 F.3d 713 (11th Cir. 2014)

(reversing forfeiture of $1.8 million in innocent assets)

Ochoa v. U.S., 569 Fed.Appx. 843 (11th Cir. 2014) (vacating order denying motion

to vacate conviction; remanding to district court for further proceedings)

U.S. v. Mathauda, 740 F.3d 565 (11th Cir. 2014) (vacating sentencing enhancement,

finding aplication of two-level sentencing enhancement for defendant’s violation of

a prior court order was clear error)

U.S. v. Duran, 701 F.3d 912 (11th Cir. 2012) (vacating denial of relief from forfeiture;

holding that FDCPA gives district courts authority to adjudicate contested ownership

interests in property against which U.S. seeks to execute)

U.S. v. Cruz-Sosa, 498 Fed.Appx. 932 (11th Cir. 2012) (vacating judgment imposing

supervised release revocation and holding that use of non-party witness’s discredited

testimony to find violation of supervised release constitutes error)

U.S. v. Perez, 519 Fed.Appx. 525 (11th Cir. 2013) (vacating sentence where

government failed to introduce sufficient evidence to support sentencing enhancement

for possession of a dangerous weapon)

U.S. v. Perez, 661 F.3d 568 (11th Cir. 2011) (vacating sentence based on district

court’s plan error in failing to inform defendant of his sentencing right of allocution)

U.S. v. Stephen, 440 Fed.Appx. 824 (11th Cir. 2011) (vacating sentence where abuse

of trust enhancement was not warranted following conviction of mail fraud


U.S. v. Morejon, 437 Fed.Appx. 795 (11th Cir. 2011) (vacating sentence

enhancement, under Armed Career Criminal Act, based on government failure to

prove validity of prior conviction)

U.S. v. Hinds, 435 Fed.Appx. 832 (11th Cir. 2011) (reversing sentence where amount

of cocaine attributed to drug conspiracy defendant was impermissibly speculative)

U.S. v. Ladson, 643 F.3d 1335 (11th Cir. 2011) (vacating life sentence where

government failed to properly serve defendant with requisite notice of enhanced

sentence before trial commenced)

U.S. v. Carver, 348 Fed.Appx. 449 (11th Cir. 2009) (vacating conviction where

defendant did not validly waive right to jury trial)