Michael J. Griffith, P.A

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[10/11] US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing. [10/08] Johnson v. US Petitioner's application for leave to file a successive 28 U.S.C. section 2255 motion is denied where petitioner's proposed section 2255 motion would not be "second or successive" under 28 U.S.C. section 2255(h), because it was his first section 2255 motion challenging his amended judgment of conviction. [10/08] US v. Albiola Convictions of defendant for attempting to possess with intent to distribute methamphetamine and for knowingly and intentionally using a communication facility in the commission of a controlled substance offense are affirmed where: 1) the district court did not err by admitting evidence of other mailing labels unrelated to the charged offense, because the other mailing labels were admissible as evidence of absence of mistake under Rule 404(b), and any error in their admission was harmless; and 2) although defendant contends that the testimony of a law enforcement agent describing the methods and results of his investigation constituted impermissible hearsay, the testimony did not contain any out-of-court statements. [10/08] Brown v. Callahan In an action by a decedent's estate against a sheriff for failure to train and supervise the jail's medical employees and for maintaining an unconstitutional policy of deliberate indifference to detainees' serious medical needs, the denial of summary judgment to defendant-sheriff is reversed where there was insufficient evidence of deliberate indifference or objective unreasonableness. [10/08] US v. Gomez Defendant's conviction for being a felon in possession of a firearm is affirmed where the district court did not err in finding that the responding officers were justified in stopping and searching defendant's vehicle in keeping with the requirements of the Fourth Amendment. [10/08] Marksmeier v.

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