Tag Archives: Judge Henry F. Floyd

Aggravated offense language in statute is a ‘crime of violence’

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing their life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

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No immediate appeal of denial of self-representation bid

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

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No jurisdiction over sovereign immunity appeal in Abu Ghraib case

Where the district court concluded there were factual disputes whether a U.S. government contractor, CACI, sued for its alleged role in torture of Iraqis at Abu Ghraib violated the law or its contract, CACI could not seek immediate appellate review ...

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Resentencing required as priors are no longer ACCA predicates

The defendant’s 220-month sentence was based on four prior convictions that rendered him an “armed career criminal.” Now, however, two of those prior convictions no longer qualify as violent felonies, thus requiring resentencing. Background Randall Cornette pleaded guilty to being ...

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Police not liable for failing to intervene during ‘Unite the Right’ rally

Officials who allegedly instructed police to not intervene during the “Unite the Right” rally are nevertheless entitled to immunity against claims brought by a person who was allegedly attacked by protestors. Background Robert Sanchez Turner was attacked by protesters at ...

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Mandatory minimum cannot be reduced by time served on related offense

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

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