Criminal News Headlines

Case Summaries

Asset Forfeiture

[08/14] Santiago-Lugo v. US
In a claim by plaintiff for return of seized but not forfeited property as barred by the statute of limitations, government's motion for summary affirmance is granted where: 1) the six-year limitations period under 28 U.S.C. section 2401(a) applies to Rule 41(g) claims; and 2) in circumstances where there has been a related criminal proceeding but no civil forfeiture proceeding, the cause of action accrues at the end of the criminal proceeding.

[08/06] US v. $125,938.62
In a civil forfeiture action under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), court's order of forfeiture is affirmed in part and reversed in part where: 1) the government met its burden of proving that two of the certificates of deposit were subject to forfeiture because they were derived from funds stolen from the Nicaraguan treasury; but 2) with respect to five other certificates, the government failed to meet its burden to present evidence of a connection between those funds and funds stolen from the Nicaraguan treasury.

[07/31] US v. $291, 828.00 in US Currency
In an in rem civil forfeiture proceeding brought pursuant to 21 U.S.C. section 881(a)(7) against money, jewelry and electronic equipment seized from claimant's home, rulings in favor of government and an order of forfeiture are affirmed where: 1) exigent circumstances existed; and 2) evidence obtained after the search warrant was admissible.

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Criminal Law & Procedure

[08/20] US v. Villa-Vazquez
Absent extraordinary circumstances, once a defendant's guilty plea has been accepted by the court, the government is bound by its plea-agreement promises regarding sentencing recommendations even if the plea agreement has not yet been accepted by the court, and even if it is ultimately rejected by the court. A sentence pursuant to a plea to illegal reentry after deportation for an aggravated felony is reversed and remanded for resentencing before a different judge where: 1) the government was bound by a plea agreement after defendant's guilty plea was accepted by the court; and 2) it blatantly violated its promises under the agreement.

[08/20] US v. Trujillo
An appeal challenging a sentence being a felon in possession of firearms and ammunition, entered following a plea agreement wherein defendant agreed not to appeal his sentence, is dismissed where the government complied with the plea agreement, and consequently the appeal waiver was enforceable.

[08/20] US v. Gallant
Two defendants' convictions for a variety of fraud-related crimes arising from and related to the operation of a credit card portfolio financed by an FDIC insured bank are affirmed with the exception of two counts, and all four defendants' sentences are vacated and remanded where the district court: 1) made erroneous Guidelines calculations, particularly with respect to amount of loss calculations; and 2) erred in holding that an individual and an entity were not victims under the MVRA, and therefore not entitled to restitution.

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Sentencing

[08/21] US v. Poole
Defendant's convictions and sentences for drug related offenses are affirmed, but the matter remanded for consideration of whether defendant was entitled to a reduction of sentence under 18 U.S.C. section 3582(c).

[08/21] US v. Mayberry
Defendants' convictions and sentences for being felons in possession of a firearm are affirmed over meritless claims that: 1) one defendant was deprived of his Fifth Amendment rights when the prosecution introduced evidence demonstrating that he possessed firearms during multiple armed robberies; 2) insufficient evidence existed to support his conviction; 3) he was denied his Sixth Amendment right to confront a witness; 4) the district judge unconstitutionally made findings of fact at sentencing; and 5) the sentence was unreasonable.

[08/19] People v. Wyatt
An aggregate sentence of 50 years for possessing paraphernalia and possessing or manufacturing a weapon while in jail is affirmed where trial court did not abuse its discretion in failing to strike one or both of defendant's prior strike convictions.

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