Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Third Circuit affirmed Lekesha Hill's sixty-three-month sentence and restitution order, finding no error in the District Court's application of sentencing enhancements. The court held that the lower court correctly applied a two-level obstruction of justice enhancement and a sophisticated-means enhancement based on the facts of the case.
The Third Circuit summarily affirmed the denial of Nathaniel Coleman's petition for a writ of error coram nobis, ruling that his appeal failed to present a substantial question. The court held that Coleman could not use the writ to bypass the strict standards required for filing a second or successive habeas motion.
The Third Circuit affirmed Quaheem Bethea's 70-month sentence for felon-in-possession of a firearm, rejecting claims that the District Court failed to adequately consider his youth and impulse control. The court held that the sentencing judge's detailed discussion of Bethea's persistent criminal history satisfied the requirement to consider all relevant factors under 18 U.S.C. § 3553(a).
The Ninth Circuit affirmed Aaron Thomas Mitchell's convictions for kidnapping a minor and deprivation of bodily rights under color of law. The court held that the district court did not abuse its discretion in denying motions for mistrial or continuance, finding no prosecutorial misconduct or trial error prejudiced the defendant.
The Seventh Circuit affirmed a defendant's sentence after he failed to object to a revised sentencing guideline calculation that applied a higher drug conversion ratio to THC-infused edibles. The court held that the district court acted within its discretion to permit a late government objection to the presentence report and that the defendant waived his substantive argument regarding the conversion ratio by agreeing to the revised calculation.
The Tenth Circuit enforced a defendant's appeal waiver because her 188-month sentence fell within the agreed-upon advisory guidelines range. The court concluded that opposing the government's motion to enforce the waiver would be frivolous under Anders v. California.
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement, dismissing his appeal as frivolous. The court found the waiver was valid and its enforcement would not result in a miscarriage of justice.
The Tenth Circuit held that the Governor of Colorado is not immune from suit regarding alleged violations of a prisoner's religious rights because state law grants him final authority over the Department of Corrections. The court further ruled that the prisoner's transfer to a new facility did not moot his claims for injunctive relief since the alleged unconstitutional conditions persist.
The Tenth Circuit affirmed the dismissal of Bani Moreno's habeas petition challenging his 2022 removal, holding that he was not 'in custody' within the meaning of 28 U.S.C. § 2241 because he remained outside the United States. The court concluded that a non-citizen residing abroad lacks the requisite custody status to invoke federal habeas jurisdiction for immigration removal proceedings.
The Tenth Circuit affirmed the denial of a motion to dismiss an indictment for being a felon in possession of a firearm. The court held that the defendant's Second Amendment challenge was already foreclosed by its prior decision in Vincent v. Bondi.
