Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Third Circuit summarily affirmed the district court's denial of a motion for judicial recusal and a request for a sentencing reduction. The appellate court held that the appellant's filings were incoherent and failed to meet the legal criteria for either relief.
The Eleventh Circuit affirmed the denial of Cecil Buckner's § 2255 motion alleging ineffective assistance of counsel for failing to object to his career-offender classification. The court held that Buckner failed to show prejudice because his actual sentence was below the guideline range he would have received without the classification.
The Ninth Circuit affirmed Jerry Boylan's conviction for seaman's manslaughter, clarifying that the statute requires only simple negligence rather than gross negligence. The court further held that any potential error in the jury instructions regarding the term 'misconduct' was harmless given the overwhelming evidence of guilt.
The Ninth Circuit affirmed Jerry Boylan's conviction for seaman's manslaughter, clarifying that the statute requires only negligence rather than gross negligence. The court further held that any error in the jury instructions regarding the term 'misconduct' was harmless given the overwhelming evidence of guilt.
The Eleventh Circuit held that district courts cannot use general sentencing factors to reduce a sentence below a statutory minimum when granting a motion for substantial assistance. The court vacated the sentences and remanded for resentencing, limiting departures strictly to factors related to the defendant's assistance.
The First Circuit held that a noncitizen's deportability for a state drug conviction is determined by the federal Controlled Substances Act as it existed at the time of the conviction, not at the time of removal proceedings. This ruling affirms the Board of Immigration Appeals and joins five other circuits in rejecting the 'time of removal' rule.
The First Circuit affirmed summary judgment for a clinical laboratory in a False Claims Act case, ruling that labs may generally rely on a physician's order to establish medical necessity. The court held that the relator failed to produce sufficient evidence that the lab knowingly submitted false claims regarding the necessity of PCR urinary tract infection tests.
The Eleventh Circuit affirmed the denial of a motion to suppress evidence seized from a vehicle, holding that the officer had probable cause to arrest the defendant for possessing a fake driver's license. The court further determined that the initial police encounter was consensual and did not violate the Fourth Amendment.
The Eleventh Circuit affirmed summary judgment for sheriff's deputies who relied on medical staff advice when a pretrial detainee died from a perforated ulcer. The court held that nonmedical officers cannot be liable for deliberate indifference when their reliance on medical professionals is reasonable.
The First Circuit vacated a district court order finding that a corporate executive's intent to assert an involvement-of-counsel defense impliedly waived the corporation's attorney-client privilege. The appellate court remanded the case for a fresh evaluation of the waiver claim in light of significant procedural changes, including the severance of co-defendants and the withdrawal of one executive from the criminal proceedings.
