SIGNIFICANT CASES

Federal Courts

United States v. Lopez-Vanegas, 493 F.3d 1305 (11th Cir. 2007) (July 26, 2007):

Vacating drug conspiracy convictions, holding that the federal drug conspiracy statute, 21 U.S.C. § 846, did not criminalize the charged conspiracy to transport cocaine from Colombia to France because the cocaine was never possessed and was not intended to be possessed in the United States.

United States v. Triana, 468 F.3d 308 (6th Cir. 2006):

Reversing defendant's sentence in Medicaid fraud case, holding that the district court violated the Supreme Court's opinion in United States v. Booker.

United States v. Baker, 432 F.3d 1189 (11th Cir. 2005):

Holding that the admission of numerous forms of hearsay by the district court violated the Federal Rules of Evidence and/or the Confrontation Clause of the Sixth Amendment.

United States v. Ochoa, 428 F.3d 1015 (11th Cir. 2005):

Holding that the district court's policy of "super-sealing" court records on a secret docket violated the First Amendment.

United States v. Fornia-Castillo, 408 F.3d 52 (1st Cir. 2005):

Reversing defendant's combined 48-year sentence in two cases, holding that the district court's interrelated sentencing decisions violated the Supreme Court's opinion in United States v. Booker.

United States v. Ventura-Cruel, 356 F.3d 55 (1st Cir. 2003):

Reversing defendant's conviction for conspiring to distribute cocaine, holding that district court abused its discretion in admitting a letter that defendant wrote to his probation officer as part of the pre-sentencing process initiated after the district court had initially accepted defendant's guilty plea.

United States v. Puche, 350 F.3d 1137 (11th Cir. 2003):

Reversing defendants' sentences for money laundering.

United States v. Almeida, 341 F.3d 1318 (11th Cir. 2003):

Reversing defendant's conviction for conspiring to distribute cocaine, holding that district court abused its discretion in precluding trial counsel from utilizing the communications a former co-defendant/accomplice made to counsel while operating under a joint defense agreement.

United States v. Hollander, Case No. 02-12668 (11th Cir. November 13, 2003) (unpublished):

Reversing sentence of defendant convicted of mail/wire fraud and money laundering due to incorrect methodology in calculating government's loss from the fraud.

United States v. Nunez, Case Nos.02-15239-C & 02-15426-C (11th Cir. August 28, 2003) (unpublished):

Reversing district court for denying defendant's motion for new trial based on newly discovered evidence without a hearing.

United States v. Miranda, 197 F.3d 1357 (11th Cir. 1999):

Reversing stock broker's conviction for money laundering conspiracy under the ex post facto clauses of the Constitution and barring use of the same allegations at sentencing.

United States v. Cerceda, 139 F.3d 847 (11th Cir.1998):

Ordering new trials or sentences in 24 cases due to federal judge's failure to disclose that he was a "subject" of a grand jury investigation, aff'd in part, rev'd in part, 172 F.3d 806 (11th Cir. 1999) (en banc) (per curiam), cert. denied sub nom. De La Mata v. United States, 120 S. Ct. 444 (2000).

United States v. Fernandez, 136 F.3d 1436 (11th Cir. 1998):

Remanding police officer's drug trafficking conviction for evidentiary hearing concerning undisclosed evidence that the CIA had engaged in a covert drug trafficking operation in Venezuela involving the same drug shipments.

United States v. Ticchiarelli, 127 F.3d 9 (1st Cir. 1997):

Reversing defendant's sentence, finding that term "hashish oil" was vague.

United States v. Ruiz, 59 F.3d 1151 (11th Cir. 1995):

Reversing narcotics conviction because district court improperly refused to issue defendant's theory of defense instructions on mistake of fact involving her mistaken belief that co-defendant was working as a government informant and, therefore, the drug trafficking conduct was authorized by the government.

United States v. Thorn, 17 F.3d 325 (11th Cir. 1994):

Finding legally insufficient evidence to support conviction of real estate attorney for making false statements to bank for the purpose of obtaining loans.

United States v. Martinez, 14 F.3d 543 (11th Cir. 1994):

Reversing RICO and extortion convictions of Mayor of Hialeah due to jury misconduct and improper jury instructions on the law of extortion.

United States v. Gonzalez, 969 F.2d 999 (11th Cir. 1992):

Reversing district court's denial of motion to suppress in drug trafficking case.

Jacobs v. Linder, 952 F.2d 1282 (11th Cr. 1992):

Granting writ of habeas corpus and reversing 16-year old murder conviction.

United States v. Curbello, 940 F.2d 1502 (11th Cr. 1991):

Reversing drug trafficking conviction because district court improperly allowed into evidence the post-arrest statements of a co-defendant.

United States v. Alvarez-Moreno, 874 F.2d 1402 (11th Cr. 1989):

Reversing sentence of drug trafficker as in violation of his Fifth Amendment right against being twice placed in jeopardy for the same offense.

United States v. Goodman, 850 F.2d 1473 (11th Cir. 1988):

Reversing criminal antitrust conviction involving the garbage industry because district court improperly barred defense from introducing evidence that his conduct did not affect prices where government opened the door to the issue.

United States v. Certain Real Estate Property, 838 F.2d 1558 (11th Cir.1988):

Granting attorney fees to prevailing claimant in a civil forfeiture case, based on claimant's showing that the actions of the Miami Strike Force in seizing the claimant's restaurant and resort violated the Fifth Amendment.

United States v. Nunez, 801 F.2d 1260 (11th Cir. 1986):

Reversing contempt conviction of attorney (Sam Burstyn) for not appearing in court for a criminal trial, holding that procedures used by the district court violated applicable rules of procedure.

United States v. Romero, 780 F.2d 981 (11th Cir. 1986):

Reversing narcotics conviction under the Sixth Amendment because defendant's attorney had an undisclosed conflict of interest.

United States v. San Pedro, 781 F. Supp. 761 (S.D. Fla. 1991):

Dismissing RICO indictment against Alberto San Pedro, the so-called the Great Corruptor of Hialeah.

Florida State Courts

State v. Rubio, 967 So.2d 768 (Fla. 2007):

Affirming the dismissal of RICO, RICO conspiracy and White Collar Crime Act counts of criminal information, holding that charges under the "patient brokering" statute could not be used as "predicate" offenses.

State v. Harden, 938 So.2d 480 (Fla. 2006):

Holding that the 'anti-kickback' provision of Florida's Medicaid fraud statute was preempted by federal law and was, therefore, unconstitutional under the Supremacy Clause of the Constitution.

Avrich v. State, 936 So.2d 739 (Fla. 3d DCA 2006):

Reversing seven counts of making obscene and harassing telephone calls for insufficient evidence, holding that the alleged victim did not enjoy a reasonable expectation of privacy in his business telephone line.

Sordo v. State, 647 So.2d 986 (Fla. 3d DCA 1994) (per curiam):

Affirming dismissal of criminal charges as in violation of state speedy trial statutes.

Call v. Tirone, 522 So.2d 533 (Fla. 3d DCA 1988) (Fla. 3d DCA 1992):

Reversing judgment in medical malpractice action, on subsequent appeal after retrial, 593 So.2d 627 (Fla. 3d DCA 1993).

Fox v. State, 578 So.2d 768 (Fla. 4th DCA 1991):

Reversing defendant's sentence (for the second time).

Fox v. State, 554 So.2d 627 (Fla. 4th DCA 1989):

Reversing defendant's sentence (the first time).

Gorham v. State, 494 So.2d 211 (Fla. 1986):

Reversing death penalty conviction.

Herre v. State, 634 So.2d 618 (Fla. 1994):

Holding sales tax on controlled substances unconstitutional.

Hudak v. State, 457 So.2d 594 (Fla. 4th DCA 1984):

Reversing assault conviction on numerous grounds.

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