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Challenge to Adult Entertainment Ordinance Rejected, and Criminal Matters

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By FindLaw Staff on June 25, 2010 1:27 PM

In US v. Huff, No. 08-16272, the court of appeals affirmed in part defendant's convictions and sentences for bribery and conspiracy to commit wire fraud and bribery, holding that 1) the evidence was sufficient to establish a single conspiracy in this case, and there was no material variance between the indictment and the evidence presented at trial; and 2) the district court did not err in basing the loss amount on defendant's substantive counts of conviction only.  However, the court vacated in part, holding that the record did not explain how the district court reached its restitution figure.

Flava Works, Inc. v. City of Miami, No. 09-11264, involved an action challenging the Miami Code Enforcement Board's final administrative ruling that plaintiffs were engaged in "adult entertainment" in an inappropriate zone and "illegally operating a business in a residential zone."  The court of appeals reversed judgment for plaintiffs, on the ground that the activities taking place at the residence at issue were a clear violation of the prohibition against operating a business in a residential zone.

In US v. Alexander, No. 08-17062, the court of appeals affirmed defendant's sentence for being a felon in possession of a firearm, on the grounds that 1) a conviction under Fla. Stat. section 790.15(2) involved conduct that was "similar in kind and degree of risk posed" to burglary, arson, extortion, and crimes involving the use of explosives -- the crimes enumerated in the Guidelines' definition of crime of violence; and 2) the district court did not have authority to award credit for time served in state custody.

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