Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Seventh Circuit affirmed a 75-month federal sentence for a bank fraud scheme, rejecting the defendant's challenges to two sentencing enhancements. The court found sufficient evidence that the defendant knowingly used sophisticated means and supervised other participants in the fraud.
The Fifth Circuit affirmed Vickiel Vincent Vaughn's conviction and sentence for conspiracy to transport illegal aliens, ruling that text messages used as evidence were non-testimonial under the Confrontation Clause. The court further held that the district court did not commit plain error by failing to make individualized sentencing findings for a within-Guidelines sentence.
The First Circuit affirmed Rahim Shafa's convictions for money laundering and drug offenses but vacated his sentence for misdemeanor misbranding due to the District Court's failure to clarify why the fraud guideline applied. The court remanded the case for resentencing on that specific count to resolve ambiguities regarding the acquitted-conduct amendment.
The Fourth Circuit affirmed a sentence for illegal reentry, ruling that a district court's brief explanation for imposing supervised release was procedurally reasonable. The court held that the judge's engagement with counsel and consideration of the defendant's recidivism provided sufficient context for an individualized assessment.
The Fourth Circuit affirmed Khriy Sherrod Simon's conviction for impersonating a federal agent, ruling that a rational jury could find he claimed to be a DEA agent to detain and search victims. The court also held that any error in excluding hearsay testimony regarding Simon's bail enforcement work was harmless given the overwhelming evidence of his federal impersonation.
The Fourth Circuit vacated Richard Davis's health care fraud convictions because the government failed to prove beyond a reasonable doubt that specific Medicaid claims submitted on two dates were actually false. The court held that without evidence showing the counselors did not provide the requisite five hours of reimbursable services on those days, the jury could not legally find guilt.
The Eleventh Circuit affirmed a defendant's sentence and restitution order despite arguments regarding acquitted conduct. The court held that the district court's sentencing decision was reasonable and the restitution issue was waived under the law of the case doctrine.
The Ninth Circuit affirmed a restitution order requiring a drug seller to compensate the estate of a purchaser who died from drug consumption. The court held that a buyer who consumes drugs for personal use is a valid victim under the Mandatory Victims Restitution Act and not a participant in the offense.
The Eleventh Circuit granted a motion to withdraw filed by appointed counsel under the Anders standard. The court affirmed the defendant's convictions and sentences after an independent review found no arguable issues of merit.
The Eighth Circuit affirmed Damion Hallmon's conviction for being a felon in possession of ammunition, rejecting his challenges to the traffic stop, the search of his vehicle, and the exclusion of jail call evidence. The court held that the officers had probable cause for the stop and search, that Hallmon was not in custody during his initial statements, and that the evidence sufficiently proved the ammunition traveled in interstate commerce.
