South Carolina Criminal Lawyer Blog

The Fourth Circuit Court of Appeals released its decision today on U.S. v. Nicholas Omar Tucker. Tucker filed a § 2255 motion alleging an ineffective assistance of counsel. Tucker chose to plead guilty to felon in possession of a firearm and under the Armed Career Criminal Act, a mandatory minimum of fifteen years is imposed if it is found that an individual had three prior violent felony convictions. To meet the standards for a violent felony, the term of imprisonment must exceed one year. Also each conviction must be a separate criminal charge to verify that the occasions were in fact different. Tucker's presentence investigation report indicated that he had a conviction for assault and battery of a high and aggravated nature; however, he was sentenced in Magistrate's Court to only thirty days. As such, this charge does not constitute a valid predicate offense under § 924(e). Further, the two burglary convictions that Tucker was charged with were not proven as distinct within the PSR, which relied solely on the police officer's investigative reports. Since Tucker was with an accomplice, the government could not prove that the two offenses were distinct and that Tucker entered each location himself.

Since Tucker's attorney did not object to any of the above findings, the Court concluded that this demonstrated an accurate reasoning for an ineffective assistance of counsel allegation. The Court determined that Tucker's sentence was effected by his attorney's actions, which is one of the key aspects it must review when considering these types of motions. Further, in removing two of Tucker's previous violent offenses, the three offense requirement was no longer met under the Armed Career Criminal Act. This means that he did not qualify as a armed career criminal under the statute and that the mandatory minimum did not apply. In light of these facts, the district court's order was vacated and they have been notified to resentence Tucker pursuant to the relief he requested in the § 2255 motion.

In cases such as this, it is important to make sure that you hire an attorney that is knowledgeable of the federal statutes in order to ensure that the court is aware of any issues or inconsistencies. Choosing the right criminal defense attorney is vital in establishing a proper defense and receiving a fair judgment and/or sentence. Our South Carolina attorneys have a vast amount of experience in both state and federal courts and handle criminal cases all over the United States. If you have been charged with a crime, our attorneys can assist you in the appellate process and provide you with your available options. Remember, once you are sentenced, you only have ten days to appeal the judgment. You must hire an appellate attorney that can file the necessary documents in order to acquire the records that will need to be included in your initial brief. Please contact our office today if you are seeking to appeal your sentence at 1-800-94-TRIAL.

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Johnell Porter appealed his convictions for a list of crimes in relation to a robbery committed in York County (The State v. Johnell Porter). Mr. Porter submitted his appeal before the South Carolina Court of Appeals on March 1, 2010 and an opinion was published on April 5, 2010.

Allegedly, Mr. Porter along with his co-defendants robbed a bank located in York County. Witnesses identified the make and model of the getaway vehicle and the York County Sheriff’s Department was on high alert. An officer spotted the vehicle and noticed that the suspects were heading toward Charlotte, North Carolina. They were immediately arrested after the driver pulled into an apartment complex. Shortly thereafter, officers from the Charlotte Police Department arrived and the suspects were transferred to their custody. Officers located numerous items directly related to the robbery, so the suspects were extradited to York County.

Mr. Porter was charged with several different crimes that were all connected with the armed robbery conspiracy. He decided to represent himself pro se. Employees and customers from the bank could not verify the identity of the suspects because they were wearing ski masks, but “bait money” was located in the vehicle in question. Additionally, two co-defendants testified that Mr. Porter was involved in the robbery. As a result, the jury found him guilty on all counts and he was sentenced to life in prison.

The main issue involved in this case was determining whether the trial court erred in denying dismissal of the above charges due to the fact that Mr. Porter was arrested in North Carolina by South Carolina officers. The appellate court did not agree with Mr. Porter’s argument because he failed to present relevant authorities to support his claim. This is the reason that it is extremely important to retain a knowledgeable South Carolina defense attorney that has experience with appellate issues. Mr. Porter chose to represent himself pro se during his trial and as a result, he may have missed several key issues that were applicable for appeal. When the Court of Appeals reviews a case, it is only allowed to consider records in the court below, meaning the information available within the transcript of proceedings. Retaining an appellate attorney to represent you in a criminal appeal is vital to ensure that all potential issues and arguments are addressed in the initial brief.

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The State of South Carolina has relaunched its mortgage fraud hotline after closing due to a lack of funding. The hotline received hundreds of telephone calls related to mortgage fraud in South Carolina. The United States Attorney for South Carolina is in charge of prosecuting many of these fraud cases. There are several South Carolina Attorneys that defend these types of criminal indictments. Many times the amount of prison exposure for a particular defendant will be based on the amount of intended loss related to the fraudulent scheme. Our attorneys in South Carolina represent companies and individuals that have been indicted for mortgage fraud. The investigation into mortgage fraud is usually conducted by the Federal Bureau of Investigation. The Obama administration reassigned dozens of agents to the fraud task force to handle the going rush of fraudulent transactions.

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There are several defense attorneys in the Myrtle Beach area that practice state criminal defense. However, there are very few in the area that handle federal indictments. There is no federal courthouse in this area of South Carolina and therefore, very few attorneys that practice in federal court. Our firm handles most federal indictments throughout the area and the recent automobile death here in Horry County will not be a federal indictment. This will be a state criminal charge.

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According to the Federal Bureau of Investigation in Miami, Florida, Ernesto Angel Montaner was federally indicted on April 22, 2010 in the Southern District of Florida for conspiracy charges pertaining to health care fraud, in violation of 18 U.S.C. § 1349 and § 1347. Mr. Montaner’s son was also allegedly involved in the conspiracy. The indictment claims that the defendants were operating several physical and occupation (PT/OT) clinics in the Miami-Dade area. It is further speculated that Mr. Montaner would make payments to those who had recruited patients for the clinics. He supposedly made these cash payments to an undercover officer posing as a recruiter in exchange for information regarding Medicare beneficiaries. The indictment states that the conspirators paid these bribes without determining the Medicare beneficiaries’ health condition and whether the services of the physical and occupation clinics was needed. It is alleged that they submitted more than $2.5 million worth of false claims to Medicare.

There are seven (7) counts in the federal indictment associated with the health care fraud charge and the defendants are subject to a considerable amount of time. This type of case is considered to be a white collar crime because it is an economically motivated and committed within the corporate market. When these individuals involved in this case are prosecuted, they will not only face a term of imprisonment, but also significant fines. If a person is charged in a case relating to fraud, it is important to hire an experienced federal defense attorney to protect their best interests. It is frightening to be indicted in the federal system and having a good lawyer on your side to explain your options will make all the difference in your case.

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