Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eighth Circuit affirmed the district court's revocation of Charles Allen's supervised release and the imposition of a 21-month prison sentence. The court found no abuse of discretion, noting the sentence was within the Guidelines range and properly weighed relevant factors.
The Fifth Circuit affirmed the conviction of a convicted felon for firearm possession, ruling that an officer had reasonable suspicion to frisk a paralyzed passenger after observing a weapon in the driver's lap. The court further held that a defendant's stipulation to a prior felony conviction satisfies the statutory element of a prior conviction punishable by imprisonment exceeding one year.
The Third Circuit dismissed a petition for a writ of mandamus as moot because the District Court ruled on the underlying habeas petition after the mandamus was filed. The court held that since the petitioner received all the relief he sought, no live controversy remained.
The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm prohibitions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar federal review when a plaintiff challenges the underlying statutes rather than seeking to overturn a specific state-court judgment.
The Ninth Circuit reversed a district court's dismissal of a Second Amendment challenge to firearm prohibitions tied to protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar the claim because the plaintiff challenged the statutes themselves rather than seeking to overturn a specific state-court judgment.
The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm restrictions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar claims challenging the statutes themselves, even when those statutes were applied in a state-court proceeding.
The Third Circuit affirmed a district court ruling that barred a pension fund from collecting withdrawal liability because it failed to notify the employer as soon as practicable. The court held that this timeliness requirement is an independent statutory element of the claim, not a waivable defense subject to mandatory arbitration.
The Seventh Circuit affirmed summary judgment for an insurer, holding that a church breached its policy by delaying repairs for two years while disputing cost estimates. The court ruled that the contractual obligation to rebuild 'as soon as reasonably possible' is a strict condition precedent that cannot be bypassed by valuation disputes.
The Sixth Circuit affirmed a 37-month prison sentence for drug possession with intent to distribute, rejecting the defendant's claim that the district court improperly prioritized Sentencing Guidelines over statutory factors. The court held that the district judge conducted a thorough review of the defendant's history and the nature of the offense, finding no abuse of discretion.
The Sixth Circuit reversed a defendant's Tier II sex offender classification under SORNA, holding that her underlying Florida conviction did not meet the federal mens rea requirements for heightened tier status. The court also vacated a twenty-year supervised release sentence, finding the district court procedurally erred by miscalculating the applicable sentencing guidelines.
