Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Ronald Satish Emrit because it was premature. The court held that it lacks jurisdiction to hear cases before a final order is entered by the district court.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Eleventh Circuit affirmed the denial of attorneys' fees to homeowners whose foreclosure case was dismissed due to the lender's failure to serve process within the required timeframe. The court held that a procedural dismissal without prejudice does not constitute a victory on the merits required to trigger fee-shifting statutes under Florida law.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thomas Eugene Coulson after finding no nonfrivolous issues for appeal. The court dismissed the appeal without addressing the merits of the underlying conviction.
The Seventh Circuit affirmed a 48-month above-guidelines sentence for a defendant who facilitated a straw purchase that led to the death of a police officer. The court held that the district court acted within its discretion to reject the standard sentencing guidelines for straw purchasers based on the specific, violent consequences of the defendant's conduct.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Sixth Circuit affirmed an above-Guidelines sentence of one hundred twenty-one months for a large-scale drug trafficker. The court held that the district court properly varied upward based on the defendant's extensive criminal history and the volume of drugs involved.
The Eleventh Circuit affirmed David Gerome Kennedy's 180-month sentence for drug conspiracy and possession, rejecting his claim that the district court plainly erred in applying sentencing enhancements for firearm possession and maintaining a premises for drug distribution. The court found sufficient evidence that Kennedy possessed firearms related to his drug trafficking and used the Milton residence as a primary site for distributing controlled substances.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court applied the Anders standard to conclude that the defendant's appeal lacked merit.
The Seventh Circuit affirmed a 324-month sentence for drug trafficking, ruling that defense counsel's explicit agreement with the Presentence Report's drug quantity constituted a deliberate waiver of any challenge to those facts. The court held that strategic choices made during sentencing cannot be undone on appeal simply because they later appear unwise.
