Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fourth Circuit dismissed an appeal by a federal prisoner because he failed to demonstrate that reasonable jurists could find the district court's denial of his habeas claims debatable. Without a certificate of appealability, the district court's order denying relief under 28 U.S.C. § 2255 remains in full effect.
The Eleventh Circuit affirmed a forty-eight-month prison sentence for a defendant convicted of conspiracy to defraud the United States. The court held that the district court acted within its discretion by imposing an upward variance based on the defendant's defiance of federal court orders and his central role in a large-scale tax fraud scheme.
The Fourth Circuit affirmed a district court's sentence revoking supervised release for a defendant who violated terms by using controlled substances and committing new offenses. The court found the sentence procedurally and substantively reasonable under established precedent.
The Tenth Circuit affirmed a conviction for possessing methamphetamine with intent to distribute, ruling that the defendant forfeited his challenge to the exclusion of video recordings. Because the defendant failed to preserve the evidentiary issue under Federal Rule of Evidence 106, the court applied a plain error standard and found no manifest injustice.
The Fourth Circuit affirmed the denial of Bernard Celestine's motions for sentence reduction and compassionate release while dismissing his appeal regarding a successive habeas claim. The court held that Celestine failed to challenge the procedural dismissal of his § 2255 motion in his informal brief, thereby failing to demonstrate the requisite substantial showing of a constitutional right denial.
The United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence of Gary Duane Cool. The court found no plain error in the district court's acceptance of Cool's guilty plea to drug trafficking charges.
The Tenth Circuit affirmed the denial of habeas relief because the petitioner failed to prove he actually earned First Step Act time credits through qualifying programming. The court held that without evidence of successful participation in assigned programs, a prisoner cannot establish entitlement to credit adjustments.
The Fourth Circuit affirmed a 78-month prison sentence for a convicted felon found in possession of a firearm, ruling that the district court did not abuse its discretion. The court held that the defendant failed to rebut the presumption of reasonableness for a within-Guidelines sentence despite arguments regarding his delayed brain development and rehabilitation efforts.
The Fourth Circuit dismissed in part and affirmed in part the district court's order denying a federal prisoner's motions for relief. The court held that the prisoner failed to challenge the procedural dismissal of his habeas motion in his informal brief, precluding a certificate of appealability.
The Fourth Circuit affirmed the denial of a federal prisoner's habeas petition challenging a disciplinary hearing outcome. The court held that while due process requires a written report after a hearing, no specific deadline exists for its issuance.
