Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Sixth Circuit affirmed Michael Bailey's conviction for conspiracy to distribute narcotics, ruling that evidence of his coordination from prison was sufficient to prove the crime. The court rejected challenges regarding jury instructions and the admission of evidence related to gang affiliation and disciplinary records.
The Tenth Circuit affirmed Richard Villanueva Mitchell's conviction for making a false bankruptcy declaration, rejecting his claim that the trial court erred by omitting a materiality element from the jury instructions. The court held that because Mitchell himself requested the omission of that element, he invited the error and cannot now challenge it on appeal.
The Sixth Circuit affirmed Paul Curry's convictions for drug trafficking and firearm offenses, finding the evidence sufficient to prove intent to distribute and that the firearm facilitated the crime. The court also upheld the admission of jail call recordings and rejected Curry's challenge to his sentence, which fell within the recommended Guidelines range.
The Fifth Circuit affirmed the conviction of a convicted felon for possession of a firearm, rejecting his constitutional challenges to the federal statute. The court held that binding precedent foreclosed the defendant's Second Amendment claim and that he had conceded his Commerce Clause argument.
The Eighth Circuit affirmed the dismissal of a Truth in Lending Act claim but reversed the dismissal of a Fair Debt Collection Practices Act claim regarding a Minnesota mortgage foreclosure. The court held that while the bank's payment crediting practices did not violate TILA, the district court erred in dismissing the FDCPA claim without resolving whether a state statutory violation suspends a lender's right to possession.
The Fifth Circuit affirmed Robert Carlos Cerrillo's conviction and sentence for unlawful firearm possession, rejecting his claim that the district court erred in applying an enhanced sentencing guideline based on attempted murder. The court further held that Cerrillo's facial constitutional challenge to the federal firearms statute was foreclosed by controlling precedent.
The Eighth Circuit affirmed a 300-month sentence for a defendant who coordinated the importation of hundreds of kilograms of methamphetamine from Mexico. The court held that the district court did not clearly err in applying enhancements for the defendant's role as a manager and for engaging in drug trafficking as a livelihood.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing the defendant on appeal. The court dismissed the criminal appeal after reviewing the record and finding no nonfrivolous issues to raise.
The Third Circuit vacated a conviction under the Procurement Integrity Act because the District Court accepted a guilty plea without a sufficient factual basis. The court held that disclosing information from a past procurement only violates the statute if that information is substantively identical to data submitted for a pending procurement.
The Fifth Circuit affirmed a sentence for illegal reentry, rejecting the defendant's claim that a written supervised release condition conflicted with the court's oral pronouncement. The court held that the discrepancy was a mere ambiguity rather than a conflict, as the condition aligned with the district court's intent and the parties' understanding regarding deportation.
