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

[08/27] US v. Allen
A conviction for being a felon in possession of a firearm and a felon in possession of ammunition is affirmed over claims that: 1) the district court erred in permitting two witnesses to be improperly impeached; and 2) the evidence was insufficient to support his conviction.

[08/27] US v. Hogan
A conviction and sentence for conspiracy to distribute meth, possession with intent to distribute meth, and distribution of meth, is affirmed over claims that the district court erred in denying his motions to suppress and for acquittal, and in sentencing him to 188 months' imprisonment.

[08/27] US v. Espinosa
A sentence for drug- and firearm-related offenses is affirmed over defendant's claim that the district court erred when, for purposes of determining the advisory sentencing range, it grouped only conspiracy and manufacturing counts, but not firearms counts.

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Sentencing

[08/27] US v. Hogan
A conviction and sentence for conspiracy to distribute meth, possession with intent to distribute meth, and distribution of meth, is affirmed over claims that the district court erred in denying his motions to suppress and for acquittal, and in sentencing him to 188 months' imprisonment.

[08/27] US v. Espinosa
A sentence for drug- and firearm-related offenses is affirmed over defendant's claim that the district court erred when, for purposes of determining the advisory sentencing range, it grouped only conspiracy and manufacturing counts, but not firearms counts.

[08/27] US v. Wessels
In a case wherein defendant was convicted and sentenced for unauthorized use of a credit card, and later had her supervised release revoked and was sentenced again, the judgment is affirmed over a Fifth Amendment due process challenge.

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