Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eighth Circuit affirmed Robert Harris's conviction for distributing fentanyl resulting in serious bodily injury, ruling that sharing a drug line constitutes distribution under federal law. The court rejected the argument that a physical hand-to-hand transfer is required to prove the offense.
The Eleventh Circuit affirmed the district court's denial of Derek Dixon's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2), ruling that the trial court properly exercised its discretion to reject the request despite a lowered guideline range. The appellate court found no abuse of discretion given the extreme violence of Dixon's crimes and his prior agreement that the maximum term was reasonable under § 3553(a).
The First Circuit affirmed the dismissal of a habeas corpus petition filed by a deported individual, holding that federal jurisdiction under 28 U.S.C. § 2254 requires the petitioner to be in custody of state authorities at the time of filing. Because the petitioner had been deported to Trinidad and Tobago before filing her claim, she failed to satisfy the statutory custody requirement.
The Eleventh Circuit affirmed the revocation of Laphonse Young's supervised release, holding that the district court retained jurisdiction under 18 U.S.C. § 3583(i) because a warrant was issued before the term expired. The court rejected Young's arguments regarding hearsay evidence and the opportunity to object, finding no reversible error in the district court's proceedings.
The First Circuit affirmed Michael Mao's 121-month sentence, rejecting his challenge that his prior Virginia firearm-robbery conviction did not constitute a crime of violence. The court also held that his argument regarding conspiracy as a controlled substance offense is foreclosed by binding circuit precedent.
The United States Court of Appeals for the Eleventh Circuit granted the Government's motion to dismiss an appeal filed by Uriel Mendoza Plancarte. The court enforced an appeal waiver contained within the defendant's plea agreement.
The Eleventh Circuit affirmed Undray Lamond Lowery's 120-month sentence for felon-in-possession of a firearm, rejecting claims that the sentence was procedurally or substantively unreasonable. The court held that even if the district court erred in applying a four-level sentencing enhancement, the sentence remained reasonable because it fell well below the statutory maximum and the record reflected a proper consideration of the statutory factors.
The Tenth Circuit affirmed a drug trafficking conviction after determining that the defendant's appeal raised no non-frivolous issues. The panel upheld the district court's denial of a motion to suppress, finding the traffic stop was justified by observed violations and the dog sniff did not unlawfully extend the detention.
The Eleventh Circuit summarily affirmed Joshua York's 270-month sentence, ruling that his prior Georgia methamphetamine convictions qualify as controlled substance offenses under the Sentencing Guidelines. The court held that its prior decision in United States v. Kennedy forecloses York's challenge regarding the definition of controlled substances.
The Fourth Circuit affirmed the denial of a federal prisoner's habeas petition challenging the revocation of good conduct time credits. The court held that while due process requires a written report of evidence following a disciplinary hearing, federal law imposes no specific deadline for its issuance.
