Cases

Case below, 726 F.3d 1260.Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITIONER’S § 2255 MOTION. HOEVELER, Senior District Judge. THIS CAUSE comes before the Court on the Report and Recommendation issued by the Magistrate Judge on September 23,1996. Having reviewed the Report, the pertinent portions of the file, and the pertinent legislative history, the Court has concluded that the Magistrate Judge is corr

PER CURIAM: Carmelo Rosado-Curbelo appeals his 33-month (upward variance) sentence; and his 18-month sentence imposed following the revocation of the supervised release in two cases (although he raises no argument on appeal about his 18-month sentence). In context of the record, the district court’s explanation for his 33-month sentence, though brief, was adequate; and that sentence was procedurally reasonable. See United

Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Francisco Curbelo seeks to appeal the district court’s orders denying relief on his 28 U.S.C.A. § 2255 (West Supp.2009) motion and denying his motion for bail. The orders are not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28

BALDOCK, Circuit Judge: A jury convicted Defendant Ivan Curbelo of conspiracy to manufacture and possess marijuana with intent to distribute, as well as the substantive crime of manufacturing and possessing marijuana with intent to distribute. He now appeals, challenging his conviction and sentence. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4194 FRANCISCO CURBELO, a/k/a Murando, Defendant-Appellant.  UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4247 F

WILKINS, Chief Judge, dissenting: The majority concludes that the decision by the district court to proceed with 11 jurors without Curbelo’s consent is a structural error that mandates reversal without any inquiry into whether the error actually prejudiced Curbelo. Alternatively, the majority concludes that the error was not harmless because the evidence was sufficiently close that the absence of a twelfth juror

C. A. 5th Cir. Certiorari denied. Reported below: 497 F. 2d 165.

PER CURIAM: Curbelo, appealing from conviction of violating 26 U.S.C.A. § 174 under a single count charging sale of heroin, raises the constitutionality of the § 174 presumption of knowledge. This issue has been determined by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970). The material sold by appellant was represented by h

22-1289 United States v. Johnson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 14th day of July, two thousand twenty-five. Present: DEBRA ANN LIVINGSTON, Chief Judge, RAYMOND J. LOHIER, JR.,

22-1289 United States v. Johnson In the United States Court of Appeals FOR THE SECOND CIRCUIT AUGUST TERM 2022 No. 22-1289 UNITED STATES OF AMERICA, Appellee, v. RICKEY JOHNSON, AKA SEALED DEFENDANT 1, AKA NEIL DAWN DEFARREN,

USCA11 Case: 19-13838 Document: 120-1 Date Filed: 01/06/2023 Page: 1 of 35 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 19-13838 ____________________ UNITED STATES OF AMERICA,

248 F.Supp.2d 26 (2003) Luis W. CURBELO-ROSARIO, et al. Plaintiffs, v. INSTITUTO DE BANCA Y COMERCIO, INC., et al. Defendants. No. CIV. 02-1320(SEC). United States District Court, D. Puerto Rico. February 26, 2003. *27 Jose E. Alfaro Delgado, San Juan, PR, for Plaintiff. Reynaldo A. Quintana-Latorre, Hato Rey, PR, for Defe

Case: 17-15287 Date Filed: 06/30/2020 Page: 1 of 25 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15287 ________________________ D.C. Docket No. 9:16-cr-80135-RLR-2 UNITED STATES OF AMERICA,

PER CURIAM. In this consolidated proceeding, two former directors of a condominium association appeal from a final judgment entered pursuant to a jury verdict. For the following reason, we reverse. Sweetwater Creek Condominium Association shed its former directors for breach of fiduciary duty, alleging certain errors and omissions on the part of defendants. Defendants moved to dismiss the complaint for f

THOMPSON, Circuit Judge. Enrico Ponzo operated as a member of the northeast crime syndicate known as the Patriarca Family of La Cosa Nostra (“LCN”). After being charged with multiple criminal offenses, he absconded to Arizona (and later to Idaho), changed his identity, and joined a marijuana-shipping conspiracy. A jury later convicted him on a bevy of charges, including conspira

USCA11 Case: 19-12872 Date Filed: 12/09/2020 Page: 1 of 13 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12872 ________________________ D.C. Docket No. 1:01-cr-00458-TWT-GGB

USCA11 Case: 24-10310 Document: 80-1 Date Filed: 06/10/2026 Page: 1 of 41 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-10310 ____________________ UNITED STATES OF AMERICA,

Case: 19-10823 Date Filed: 06/01/2020 Page: 1 of 17 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10823 Non-Argument Calendar ________________________ D.C. Docket No. 4:18-cr-00100-AKK-JEO-1

USCA11 Case: 18-11812 Date Filed: 10/09/2020 Page: 1 of 39 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-11812 ________________________ D.C. Docket No. 1:17-cr-20338-MGC-1 UNITED STATES OF AMERICA,