Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Third Circuit affirmed the removal of a Pakistani national convicted of aggravated criminal sexual contact, ruling the offense qualifies as a crime involving moral turpitude. The court also rejected the petitioner's asylum and Convention Against Torture claims due to failure to exhaust issues and insufficient evidence of persecution.
The Third Circuit affirmed the dismissal of Jason Todd's pro se complaint alleging constitutional violations and statutory claims arising from an assault incident. The court held that the amended complaint failed to state a plausible claim for relief under federal screening standards.
The Fourth Circuit affirmed a 36-month prison sentence imposed after revoking a defendant's supervised release, rejecting the claim that the upward-variant sentence was plainly unreasonable. The court held that the district court exercised broad discretion and provided an adequate explanation based on the defendant's escalating violations and the need for public protection.
The Seventh Circuit affirmed qualified immunity for the officer who tackled a suspect during a drug raid but reversed the immunity grant for a second officer whose rifle struck the suspect's head. The court held that disputed facts regarding whether the blow was intentional or accidental preclude summary judgment on the excessive force claim.
The Eleventh Circuit vacated Jimmy Ray Lightsey's sentence, holding that his prior conviction for attempted armed robbery under Florida law does not qualify as a violent felony under the Armed Career Criminal Act. The court determined that the elements of Florida's attempt statute do not always require proof of the use, attempted use, or threatened use of physical force.
The Fifth Circuit affirmed a five-level sentencing enhancement for distributing child pornography in exchange for valuable consideration but vacated the sentence due to an incorrect application of a pattern-of-activity enhancement. The court held that while Lopez's participation in chatrooms constituted a valid exchange, the government failed to prove the requisite pattern of sexual abuse or exploitation.
The Supreme Court held that a trial court may prohibit a testifying defendant from discussing his own testimony with counsel during an overnight recess without violating the Sixth Amendment. The Court clarified that while defendants retain rights to consult on tactics and sentencing, they have no constitutional entitlement to confer about ongoing testimony itself.
The Seventh Circuit affirmed the denial of David Taylor's motion for compassionate release, ruling that he failed to prove his medical care was inadequate or that his family circumstances constituted an extraordinary and compelling reason. The court also clarified that rehabilitation efforts alone cannot serve as the basis for early release under the federal statute.
The Third Circuit denied a petition for a writ of mandamus, ruling that the delay in adjudicating the petitioner's pending habeas motion did not constitute an undue failure to exercise jurisdiction. The court declined to intervene while a separate motion for judicial recusal remained unresolved at the district level.
The Supreme Court held that the Federal Tort Claims Act's postal exception bars state-law tort claims arising from the intentional nondelivery of mail. The Court concluded that the statutory terms 'loss' and 'miscarriage' encompass failures to deliver caused by intentional misconduct, not just negligence.
