Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit dismissed Steven James Kelly's criminal appeal because his notice of appeal was filed well past the 14-day deadline mandated by the Federal Rules of Appellate Procedure. Even applying the prison mailbox rule to calculate the filing date, the appeal remained untimely and ineligible for an extension of time.
The Sixth Circuit affirmed Terrance Patterson's conviction for being a felon in possession of a firearm, rejecting his claim that the district court erred by not ordering a competency hearing sua sponte. The court held that the magistrate judge's thorough colloquy under Rule 11, combined with the defendant's affirmative responses regarding his mental state, provided sufficient evidence of competency.
The Eleventh Circuit granted appointed counsel's motion to withdraw from a direct criminal appeal after an independent review found no arguable issues of merit. Consequently, the court affirmed the defendant's convictions and sentence.
The Sixth Circuit affirmed Eddie Nailor's conviction for being a felon in possession of a firearm, rejecting his constitutional challenges to the statute. The court held that Nailor's history of armed robbery and subsequent criminal conduct established he was dangerous under the controlling precedent of United States v. Williams.
The Eighth Circuit dismissed the appeal because the defendant's valid plea agreement waived her right to challenge the sentence. The court further held that she could not challenge the voluntariness of her guilty plea on direct appeal without first moving to withdraw the plea in the district court.
The Fourth Circuit denied a certificate of appealability to Benjamin Forrest Carter, finding he failed to show that reasonable jurists could debate the district court's denial of his habeas relief. Consequently, the court dismissed the appeal without oral argument.
The Eighth Circuit affirmed the district court's revocation of Cody Ray Leveke's supervised release and its imposition of a within-Guidelines prison term. The court held that the lower court did not clearly err in finding a mental health treatment violation and did not abuse its discretion in weighing sentencing factors.
The Fourth Circuit affirmed the revocation of William Waters's supervised release but vacated his sentence due to a procedural error. The court held that the district court failed to adequately explain the imposition of discretionary conditions during the oral pronouncement of the sentence.
The Eighth Circuit affirmed an above-Guidelines sentence for a child pornography offense, rejecting the defendant's claim that the district court abused its discretion. The court held that the district judge properly prioritized its own past sentencing practices and the defendant's individual circumstances over general Judicial Sentencing Information data.
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.
