Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Byron Tremaine Hawkins, Jr., finding no nonfrivolous issues for appeal. The court dismissed the appeal because the existing record was insufficient to fairly evaluate the defendant's claim of ineffective assistance of counsel.
The Fifth Circuit affirmed a mandatory minimum sentence for a drug conspirator, ruling that joint occupancy of a residence where a firearm was found constitutes constructive possession. This finding rendered the defendant ineligible for the statutory safety valve that would have otherwise allowed the court to disregard the mandatory minimum.
The Fifth Circuit affirmed the conviction and sentence of a convicted felon for possessing a firearm, rejecting constitutional challenges to the federal ban. The court held that recent binding precedent explicitly forecloses arguments under the Second Amendment and Commerce Clause.
The Third Circuit affirmed a 219-month prison sentence for federal carjacking and firearm charges, rejecting the appellant's challenges based on a binding appellate waiver. The court held that while an ineffective assistance of counsel claim was not barred by the waiver, it could not be adjudicated on direct appeal and must be pursued in a collateral proceeding.
The Sixth Circuit affirmed the convictions of Tevye Jones for drug trafficking and firearm offenses, rejecting claims that jury misconduct and evidence handling errors warranted a new trial. The court held that the district court acted within its discretion when replacing a juror who refused to follow the law and found the government's evidence of possession sufficient despite administrative discrepancies.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jesus Cristo Lopez after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal in accordance with the Anders procedure.
The Eleventh Circuit dismissed Ahmed Issa's habeas appeal sua sponte because he filed his notice of appeal before the district court adopted the magistrate judge's report and recommendation. The court held that a magistrate's recommendation is not a final judgment until adopted, and a premature appeal cannot be cured by the district court's subsequent action.
The First Circuit affirmed Jacob Parlin's conviction for drug distribution and conspiracy, ruling that any error in admitting a police officer's lay testimony regarding drug quantities was harmless. The court held that wiretapped conversations and the sheer volume of methamphetamine provided sufficient evidence of intent to distribute independent of the officer's testimony.
The Eleventh Circuit affirmed a 144-month prison sentence for drug trafficking and felon-in-possession offenses, rejecting the defendant's claim that the sentence was substantively unreasonable. The court held that the district court properly weighed the defendant's extensive history of domestic violence and drug recidivism under the abuse-of-discretion standard.
The Eleventh Circuit affirmed Demetris Mackie's conviction for possessing a firearm as a convicted felon, rejecting his challenges to the admission of evidence regarding a prior shooting. The court also upheld Mackie's 360-month sentence, finding it reasonable given his extensive criminal history and gang affiliation.
