Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit dismissed an appeal filed by a defendant challenging his sentence for drug conspiracy and money laundering. The court held that the defendant had knowingly and voluntarily waived his right to appeal under his plea agreement, and none of the waiver's exceptions applied to his claims.
The Fourth Circuit affirmed a conviction where a juror concealed a past federal investigation into his role in a local corruption scheme. The court held that the district court did not abuse its discretion in finding the juror impartial despite his dishonesty during voir dire.
The Eleventh Circuit affirmed a district court's acceptance of a guilty plea and its denial of motions to withdraw it. The court held that the defendant knowingly and voluntarily pleaded guilty despite later claiming he was misled about sentencing consequences.
The Fourth Circuit affirmed the denial of a motion to suppress evidence found in a backpack, holding that the defendant abandoned the property during flight from law enforcement. The court ruled that the district court did not clearly err in finding abandonment based on the defendant's failed attempt to store the bag in a residence and subsequent flight, rendering the warrantless search valid.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Kaci Anne-Rene Lima following her bank fraud conviction. The court enforced an appeal waiver contained in Lima's plea agreement, finding that her sentence did not exceed the statutory maximum and that the waiver was entered knowingly and voluntarily.
The Ninth Circuit affirmed a 96-month sentence for a felon in possession of a firearm, rejecting claims that the district court committed procedural errors by departing from sentencing guidelines. The court held that judges are not required to incrementally move through criminal history categories and that such factors are properly considered within the ultimate reasonableness analysis.
The Fifth Circuit affirmed a 240-month statutory maximum sentence for child pornography possession, rejecting claims that the district court unreasonably weighed the defendant's prior sexual assault conviction. The court held that the district court properly considered the defendant's lack of remorse and the need to protect the public under 18 U.S.C. § 3553(a).
The Ninth Circuit affirmed Brian Broderick's conviction for transmitting a threat under 18 U.S.C. § 875(c), finding the evidence sufficient to establish a true threat. The court held that Broderick waived his challenge to excluded psychiatric testimony by withdrawing his notice of intent to present such evidence before the district court ruled.
The Fifth Circuit reversed Elijah Martin's convictions under 18 U.S.C. § 922(g)(1), holding the statute unconstitutional as applied to him because his predicate offenses were simple drug possession. The court found the government failed to demonstrate a sufficient historical tradition for disarming individuals based on non-violent drug possession under the Bruen test.
The Seventh Circuit affirmed Glenn Wooden's conviction and sentence, rejecting his novel argument that the Controlled Substances Act criminalizes only specific optical isomers of methamphetamine. The court held that federal law prohibits all forms of the drug regardless of molecular composition, rendering the government's expert testimony on purity sufficient.
