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Articles by Douglas Ankney

Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that coram nobis relief is the appropriate remedy to achieve justice where the petitioner had completed service of the sentence imposed on conviction of offense for which he was actually innocent.

In November 2011, Brooks Prentice Lesane ...

Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b)

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b).

A man identified as “Gordo” overheard Jesus Ezequiel Rodriguez complaining that employment was hard to find during the COVID-19 pandemic. Gordo offered ...

Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit clarified its uniform procedure for disposition of cases in which a plea agreement includes an appeal waiver and the defendant nevertheless files a notice of appeal.

Dinish Watson pleaded guilty to federal charges pursuant to the terms of ...

IRS Continues Practice of Government Agencies Hiding Their Abuse of Civil Forfeiture Procedures

by Douglas Ankney

During the 13-year period from 2001 to 2014, Lyndon McLellan worked hard, expanding his small, roadside convenience store to include a restaurant and lunch counter. He’d managed to save a little over $107,000. But in less than 13 seconds, the IRS took all of McLellan’s savings — ...

New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns

by Douglas Ankney

On June 6, 2022, Governor Kathy Hochul signed legislation that made New York the second state to require microstamping of semiautomatic pistols. It took ten years from its proposal to be enacted, but the new law requires semiautomatic pistols manufactured and sold in the state to be ...

$175,000 Awarded to Colorado Man Tased by Cop Angered Over His ‘Fuck Bad Cops’ Placard

by Douglas Ankney

Commerce City, Colorado, paid $175,000 to settle a suit alleging police officer Chris Dickey tased Joshua Condiotti-Wade because Dickey was angered by Condiotti-Wade’s placards that read “Fuck Bad Cops” and “Blue Lives Murder.”

Dickey’s bodycam showed him approaching Condiotti-Wade and another man holding the placards while protesting ...

Sixth Circuit: Conspiracy to Commit Hobbs Act Robbery and Attempted Hobbs Act Robbery Are Not Qualifying Predicates to Sustain § 924(j) Conviction

by Douglas Ankney

The U.S. Court of Appeals reversed the U.S. District Court for the Middle District of Tennessee’s denial of Dominique Cordell Wallace’s 28 U.S.C. § 2255 motion because his convictions for conspiracy to commit Hobbs Act robbery and attempted Hobbs Act robbery are not qualifying predicates after United ...

Third Circuit Announces Conspiracy to Commit ‘Crime of Violence’ Not ‘Crime of Violence’ for Purposes of Sentencing Enhancement Under Guideline § 2K2.1(a)(4)

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit held that U.S. Sentencing Guidelines (“U.S.S.G.”) § 2K2.1 does not apply to conspiracy to commit a crime of violence.

Junior Abreu pleaded guilty to possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). ...

Eleventh Circuit Reverses Denial of First Step Act Relief Where District Court Construed Letter Asking About Eligibility To Be Motion Requesting Relief

by Douglas Ankney

The U.S. Court of Appeals for the Eleventh Circuit reversed an order of the U.S. District Court for the Middle District of Florida that construed a letter from Tydearain Smith asking whether he was eligible for relief under the First Step Act of 2018 (“FSA”) and requesting ...

Fourth Circuit: Convictions Identified in PSR but Not Relied Upon as Predicates for ACCA Enhancement at Sentencing Cannot Be Substituted for Subsequently Disqualified Original Predicate Convictions on Collateral Review

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1) (“ACCA”) cannot be preserved on collateral review by treating as four separate qualifying predicate offenses stemming from a drug arrest that was identified ...



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