Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Seventh Circuit affirmed a drug trafficking conviction, ruling that the government acted in good faith when using a cell-site simulator warrant authorized under the Pen Register Act. The court also held that specific drug quantities are sentencing factors rather than elements of the crime, so juries need not find them to convict.
The Fourth Circuit affirmed a 480-month sentence for drug distribution offenses, ruling that any error in classifying protonitazene as fentanyl under the Sentencing Guidelines was harmless. The court held that the district court explicitly stated it would have imposed the same sentence regardless of the drug classification and that the sentence remained substantively reasonable.
The First Circuit Court of Appeals issued an errata sheet to correct clerical errors in a prior opinion for this criminal appeal. The document clarifies the representation of the U.S. Attorney's Office and corrects verb tenses in a footnote without altering the court's substantive legal reasoning.
The D.C. Circuit affirmed the district court's denial of a motion to unseal Stored Communications Act non-disclosure applications, ruling that grand jury secrecy rules displace common law and First Amendment access rights. The court remanded the case for the district court to consider whether to allow an amendment to the motion to unseal in light of a new Department of Justice Office of Inspector General report.
The Eleventh Circuit affirmed Charlie Holley's convictions for assaulting a federal employee and firearm offenses, rejecting challenges to the admission of body-worn camera footage and a 911 call. The court also upheld the 192-month sentence, finding the district court properly considered Holley's mental health history under the sentencing guidelines.
The First Circuit affirmed the dismissal of an employment discrimination lawsuit after finding the plaintiff committed witness tampering on the eve of trial. The court held that conditioning a custody agreement on a witness's refusal to testify constituted a fraud on the court warranting the severe sanction of dismissal.
The Fourth Circuit affirmed Gary Lee Hodges's sentence for attempted enticement of a minor, rejecting his argument that sentencing enhancements do not apply when the victim is a fictitious person created by law enforcement. The court held that the term 'minor' in the Sentencing Guidelines is ambiguous and that the Guidelines' commentary defining 'minor' to include fictitious persons is entitled to deference.
The Eleventh Circuit affirmed Myelicia Rodgers' conviction for mail tampering and theft, ruling that the district judge did not impermissibly draw an adverse inference from her decision not to testify. The court held that the judge's neutral reference to the lack of testimony merely explained that the prosecution's evidence remained uncontradicted, rather than punishing Rodgers for exercising her Fifth Amendment right.
The D.C. Circuit affirmed the district court's denial of a prisoner's motion for free case files, ruling that the argument was waived because it was not raised in the lower court. The court clarified that while there is no constitutional right to free transcripts for preparing § 2255 motions, statutory avenues remain available for indigent prisoners.
The Fourth Circuit vacated a district court ruling that dismissed an employment retaliation case, finding the lower court erred in concluding the plaintiff had no possibility of success against an in-state defendant. The appellate court held that the district court improperly applied a high standard for fraudulent joinder without resolving ambiguous state law questions.
