H. Manuel Hernández Criminal Law Blog

To prove the existence of a drug conspiracy under 18.U.S.C.§ 846, the government must prove beyond a reasonable doubt that there was an agreement between the accused and at least one of the other alleged conspirators to violate the narcotic’s laws as set out in the indictment. United States v. Grant, 256 F.3d 1146, 1152 (11th Cir. 2001); United States v. Farris, 77 F.3d 391, 394 (11thCir.1996), cert., denied, 519 U.S. 896, 117 S.Ct. 241, 136... Read More

In general. Money laundering involves an effort by a person or persons to conceal the existence, illegal source, or illegal application of income, and disguising that income to make it appear legitimate. Twenty-First Survey of White Collar Crime - Chapter on Money Laundering, 43 Am. Crim. L. Rev. 739 (2006). Two statutes were passed by Congress to address money laundering, 18 U.S.C. § 1956 and § 1957. Both statutes criminalize activity or money transactions by an individual or... Read More

Generally speaking, under Florida law a defendant has 30-days to file a direct appeal of his or her criminal conviction and sentence. Fla. R. App. P. 9.140(b)(3). A defendant may also file a collateral proceeding trying to set aside his or her conviction based on, among other things, ineffective assistance of counsel, within 2-years of the conclusion of any direct appeal in a non-capital case, and 1-year in a capital case. Fla. R. Crim. P. 3.850(b). The time period... Read More

A motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 is addressed to the sound discretion of the district court and is reviewed on appeal under the abuse of discretion standard. The motion must be filed within 7 days after the jury returns its verdict, or any additional time period allowed by the Court within the 7 days provided by the rule. On a motion for a new trial based on the weight of the evidence, the court need not view the evidence in... Read More

In a post-verdict motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(c), the Court, in assessing the sufficiency of the evidence, must review the evidence considered as a whole, including all inferences that may be reasonably drawn from it, in the light most favorable to the jury’s verdict, and decide whether a rational trier of fact could find guilt beyond a reasonable doubt. The motion must be filed within 7 days after the jury returns its... Read More