Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The First Circuit affirmed Hassan Abbas's 87-month sentence and restitution order, rejecting his claims of procedural error in sentencing calculations. The court held that the district judge correctly applied the Sentencing Guidelines and acted within discretion given Abbas's history of fraud.
The Eleventh Circuit affirmed a defendant's sentence, ruling that an attempt to commit New York second-degree robbery qualifies as a crime of violence under the Sentencing Guidelines. This decision relies on a 2023 amendment that explicitly includes inchoate offenses within the definition of a crime of violence.
The Fourth Circuit affirmed the denial of habeas relief, holding that a juror's comments about knowing the defendant's family and fearing for their safety were internal to the deliberation process. The court ruled that the West Virginia Supreme Court did not unreasonably apply federal precedent in finding this conduct did not constitute impermissible external influence.
The Fourth Circuit affirmed the denial of Marcus Taylor's federal post-conviction relief motion, ruling that his challenges to the sufficiency of evidence were procedurally barred. The court further held that Taylor failed to demonstrate ineffective assistance of counsel or the need for an evidentiary hearing regarding his trial strategy claims.
The First Circuit affirmed the revocation of Antonio Camillo's supervised release following a state vandalism conviction. The court held that the district court properly relied on corroborated hearsay and found sufficient evidence of malice and property damage.
The First Circuit held that Massachusetts General Laws chapter 272, section 16, prohibiting open and gross lewdness, is not categorically a crime involving moral turpitude under federal immigration law. The court reversed the Board of Immigration Appeals' removal order, ruling that the state statute does not require proof of lewd intent.
The D.C. Circuit affirmed the convictions of Haotian Sun for mail fraud and conspiracy, ruling that the evidence was sufficient to prove he knowingly participated in a scheme to exchange counterfeit iPhones for authentic replacements. The court also rejected all sentencing and Fourth Amendment challenges raised by co-defendant Peng Fei Xue, upholding his conviction and sentence.
The First Circuit affirmed the convictions of a Massachusetts pizzeria owner for forced labor, ruling that a pattern of physical abuse and threats of deportation against undocumented workers satisfied the statutory elements of coercion. The court also upheld the defendant's 102-month sentence, rejecting challenges to evidentiary rulings and sentencing enhancements.
The Eleventh Circuit affirmed Stefan Zappey's conviction for sexually abusing children at a Department of Defense school in Germany, ruling that the district court properly limited expert testimony on memory reliability. The court held that while general science on memory is admissible, experts cannot opine on witness credibility or present cumulative testimony that duplicates other evidence.
The Supreme Court held that restitution ordered under the Mandatory Victims Restitution Act constitutes criminal punishment for purposes of the Ex Post Facto Clause. Consequently, applying the MVRA to a defendant who committed their crime before the Act's enactment violates the Constitution.
