FOR IMMEDIATE RELEASE: 5/8/2020
Darryl Smith
Smith & Eulo Law Firm
407-930-8912
dsmith@smithandeulo.com
Smith & Eulo Law Firm Wins 11th Circuit Appeal
Orlando, FL: Smith & Eulo Law Firm triumphed in an 11th Circuit appeal concerning Jamaican immigrant, Oniel Russell, overturning his convictions for possessing a firearm as an immigrant illegally in the United States and for assaulting and resisting a federal officer.
In 2013, an officer pulled Russell over in Orange County, FL, and searched the vehicle, finding two loaded firearms. In 2016, Immigration and Customs Enforcement (ICE) investigated Russell’s immigration status and determined he was in the United States illegally. As a result, he was later arrested as an undocumented immigrant. During the arrest, Russell physically resisted and assaulted arresting officers. Russell was tried for both crimes in December 2017.
The case hinged on the Supreme Court decision in Rehaif v. United States, which eliminated the requirement that the government must prove that a defendant actively knew “his status as a person barred from possessing a firearm.” While Russell actively sought citizenship during the time periods surrounding his charges (filing both a Form I-130 and Form I-485 in the interim), the court held that immigration applications did not constitute lawful status and excluded them from evidence. The jury convicted Russell on both counts of the indictment.
After Russell’s case, Rehaif was overturned. The law now states that “government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm.” By excluding evidence relevant to Russell’s knowledge of his immigration status (i.e. Form I-485) the district court committed an error.
On appeal, Russell’s case was subject to plain error review based on the change to Rehaif. To establish plain error, a defendant must show that (1) an error occurred, (2) the error was plain and (3) the error affected his substantial rights. Prior to his original trial, Russell considered himself a citizen and behaved accordingly—filing taxes, maintaining a credit card, holding a driver’s license, etc. Because his citizenship applications were previously inadmissible, they weren’t considered at trial and substantially affected the verdict. The court vacated Oniel Russell’s conviction on May 4, 2020.
Russell’s defense attorney, Robert Zlatkin said of the victory, “This case highlighted that federal crime isn’t as simple as it seems. We’re glad that Smith & Eulo Law Firm was able to bring the facts to the forefront to overturn Mr. Russell’s conviction and wish him well.”
About Smith & Eulo Law Firm
Smith & Eulo Law Firm is a criminal defense law firm located in Orlando, FL. Our criminal defense team, spearheaded by Darryl Smith and Ken Eulo, has 20+ combined years of experience defending clients facing charges ranging from theft to assault. For more information, call 407-930-8912 or visit smithandeulo.com.
###