Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit affirmed a conviction where the defendant challenged the factual basis of his guilty plea. The court found no clear or obvious error in the district court's proceedings.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Sergio Rivera because it was submitted after the deadline. The court held that the time limits for filing the notice of appeal are mandatory claims-processing rules that require dismissal when missed.
The United States Court of Appeals for the Fifth Circuit affirmed a district court order denying pretrial release to a defendant facing federal charges including conspiracy and child pornography possession. The appellate court found the district court provided adequate reasons for detention and that the evidence supported a finding that the defendant posed a danger to the community.
The Third Circuit affirmed the convictions of Jabar Evans for drug and firearm offenses, ruling that the search of a hotel room ceiling was reasonable under the Fourth Amendment and that any error in admitting lay opinion testimony was harmless.
The United States Court of Appeals for the First Circuit affirmed the conviction of Rayevon Deschambault for sexual exploitation of a minor. The court held that the state search warrant for the defendant's cell phone was sufficiently particular and that the discovery of child sexual exploitation material did not exceed the scope of the warrant.
The Tenth Circuit affirmed the conviction of a father for transporting his minor daughter across state lines with intent to engage in sexual activity. The court clarified that the statute requires proof of intent, not a dominant purpose, and held that unchallenged family testimony sufficed to prove the defendant was a non-Indian.
The Fifth Circuit reversed a dismissal of a Federal Tort Claims Act lawsuit alleging a probation officer's negligence in protecting a victim from a supervised release violator. The court held that the officer's failure to act was a distinct operational task separate from the misrepresentation exception.
The United States Court of Appeals for the Fourth Circuit affirmed a one hundred fifty-one month sentence for drug trafficking and firearm possession. The court found no clear error in the district court's determination that a backpack found near the defendant's vehicle belonged to him.
The Fifth Circuit affirmed the conviction of a defendant who pleaded guilty to possessing a firearm after a felony conviction. The court held that the defendant's Second Amendment and Commerce Clause challenges to the federal statute were foreclosed by existing precedent.
The Fifth Circuit affirmed a conviction for illegal reentry after the defendant conceded that his constitutional challenge to the statutory sentencing enhancement was foreclosed by Supreme Court precedent. The court granted the Government's unopposed motion for summary affirmance.
