Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eighth Circuit affirmed Oscar Navarro-Zepeda's conviction and 204-month sentence for drug trafficking and firearm possession. The court held that the defendant's waiver of Federal Rule of Evidence 410 allowed the government to use plea stipulations against him after he contradicted them during the change-of-plea hearing.
The Federal Circuit summarily affirmed the dismissal of a pro se appeal challenging the United States Treasury's handling of a $36 million check. The court held that the Tucker Act does not grant jurisdiction over tort claims or most constitutional allegations, and found the appellant's arguments implausible and frivolous.
The Sixth Circuit affirmed the conviction and 144-month sentence of Andrew Golobic, an ICE agent who used his authority to coerce sexual encounters with immigrants under his supervision. The court rejected all challenges regarding jury management, multiplicity of charges, and sentencing enhancements, clarifying that obstruction enhancements apply to pre-investigation conduct.
The Sixth Circuit held that a state prisoner's federal habeas petition is not rendered moot by a subsequent resentencing from death to life without parole, as long as the underlying conviction remains intact. The court affirmed the denial of Johnson's petition, rejecting claims of ineffective assistance of counsel regarding the admission of criminal history evidence and the failure to raise a Confrontation Clause challenge.
The Sixth Circuit affirmed the conviction and 144-month sentence of Andrew Golobic, an ICE agent who coerced sexual acts from immigrants under his supervision and obstructed the subsequent investigation. The court rejected arguments regarding juror excusal, multiplicity of charges, and sentencing enhancements, clarifying that the obstruction enhancement applies to pre-investigation conduct.
The Fourth Circuit vacated Sang Thanh Huynh's sentence due to a material discrepancy between the district court's oral pronouncement of supervised release conditions and the written judgment. Even though the Government conceded the error, the Court independently reviewed the record and found that such discrepancies require resentencing under established precedent.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to dismiss an appeal filed by Brian William McKye. The court dismissed the appeal pursuant to Federal Rule of Appellate Procedure and local circuit rules, effectively ending the appellate proceedings.
The Fifth Circuit vacated a certificate of appealability because it failed to indicate a substantial showing of the denial of a constitutional right as required by federal statute. The court dismissed the appeal because the petitioner's sole claim was for actual innocence, which is not cognizable under federal habeas corpus review.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the criminal appeal after finding no nonfrivolous issues for review. The court concluded the appeal was frivolous under the Anders standard because the defendant failed to file a response and the record supported counsel's assessment.
The Fifth Circuit vacated three supervised release conditions imposed on a child pornography defendant because the district court failed to specify their duration or justify their necessity. The court held that location monitoring cannot include home detention without explicit order and that financial conditions require a finalized restitution award to be lawful.
