Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit affirmed Anthony Carter's sex trafficking convictions, rejecting claims that a minor victim's statements to police were testimonial hearsay. The court also found that jury instruction errors regarding the indictment did not constitute plain error and that the evidence was sufficient to support the transportation charges.
The Eleventh Circuit affirmed the denial of qualified immunity to a latent print examiner who allegedly fabricated forensic evidence, but reversed the denial of immunity for investigators who failed to pursue alternative suspects. The court held that fabricating a positive print match violates clearly established due process rights, while no such right existed to an investigation that eliminates all doubts about a suspect.
The Eleventh Circuit affirmed the dismissal of Michael Prime's claim for the return of a hard drive containing alleged bitcoin keys. The court held that the equitable doctrine of laches barred his claim due to his unreasonable delay and repeated misrepresentations about his cryptocurrency holdings.
The Eleventh Circuit certified five questions of Florida law to the Florida Supreme Court regarding fraudulent transfer remedies and statute of limitations tolling. The appeal is currently pending resolution of these certified questions.
The Eleventh Circuit affirmed Eduardo Martinez's convictions for smuggling ivory and obstructing justice, rejecting arguments that antique exceptions excused his failure to declare the goods. The court upheld a 51-month sentence, ruling that an art dealer's own listing prices provided a reliable basis for valuing unsold ivory statues under the Sentencing Guidelines.
The Ninth Circuit affirmed the denial of a writ of error coram nobis for a petitioner convicted of possessing a firearm as an alien unlawfully present. The court held that the failure to give a Rehaif instruction was not fundamental error because the evidence of the petitioner's knowledge of his status was overwhelming.
The Fourth Circuit Court of Appeals affirmed the district court's denial of Robert Peter Russell's motion for a new trial. The appellate court found no reversible error in the record to justify granting a new trial under Federal Rule of Criminal Procedure 33.
The Ninth Circuit held that the Mandatory Victims Restitution Act authorizes the government to seize funds accumulated gradually from multiple sources in an inmate's trust account. The court affirmed the district court's order turning over over $1,200 to satisfy unpaid restitution obligations.
The Ninth Circuit affirmed Philip Powers III's convictions for setting three forest fires, ruling that his necessity defense failed because his actions were objectively unreasonable and he did not face imminent harm at the time of the first fire. The court held that even in a life-threatening situation, a defendant must choose the safest available method to signal for help, and Powers failed to meet this standard.
The Ninth Circuit affirmed Brandon Wade Kurns's conviction and sentence for being a felon in possession of a firearm. The panel held that photographic evidence and ATF transfer forms sufficiently proved the enhancements applied, and that the district court did not violate the Fifth Amendment by suggesting Kurns could testify to rebut the government's case.
