Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The First Circuit reversed the dismissal of claims against Debra Monday but affirmed the dismissal of claims against other defendants. The court found the district court lacked authority to dismiss claims against the Massachusetts resident while upholding dismissals against out-of-state defendants for lack of personal jurisdiction.
The United States Court of Appeals for the Eleventh Circuit affirmed a district court order allowing the involuntary administration of antipsychotic medication to a defendant found incompetent to stand trial. The court held that the government met its burden under the Sell standard by showing that medication was medically appropriate and necessary to restore the defendant's competency.
The United States Court of Appeals for the Eleventh Circuit affirmed a sentence of eighty-seven months for possession of a firearm by a convicted felon. The court also remanded the case to correct a clerical error in the judgment that incorrectly cited the Armed Career Criminal Act.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act, holding that binding precedent forecloses constitutional challenges regarding the Felonies Clause and nexus requirements. The court further ruled that recent Sentencing Guidelines amendments are substantive and do not apply retroactively to reduce sentences.
The Eleventh Circuit affirmed the convictions of three defendants under the Maritime Drug Law Enforcement Act, holding that binding precedent forecloses constitutional challenges regarding the Felonies Clause and U.S. nexus requirements. The court further ruled that recent Sentencing Guidelines amendments are substantive rather than clarifying, precluding their retroactive application to alter the defendants' sentences.
The Tenth Circuit affirmed the conviction for possession of child pornography, holding that officers did not violate the Fourth Amendment when seizing a suspect's phone during a roadside stop. The court ruled that the stop was lawful under Terry v. Ohio, independent of the search warrant's execution.
The Tenth Circuit affirmed an upward variance sentence for illegal reentry, ruling that a defendant's ambiguous statements during allocution do not constitute a proper objection to presentence report facts under Federal Rule of Criminal Procedure 32. Because the defendant failed to explicitly contest the alleged belligerent conduct, the district court was permitted to rely on those unchallenged facts to justify the sentence.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act, holding that binding precedent forecloses constitutional challenges regarding the statute's validity and the lack of a U.S. nexus. The court further ruled that recent Sentencing Guidelines amendments are substantive and do not apply retroactively to alter the defendants' sentences.
The Tenth Circuit denied a certificate of appealability and dismissed the appeal because the petitioner failed to demonstrate that jurists of reason would find the district court's ruling debatable. The court held that the petitioner lacked the required state custody to maintain a habeas petition under 28 U.S.C. § 2254.
The United States Court of Appeals for the Eleventh Circuit affirmed the convictions and sentence of Hector Caballero for drug trafficking aboard a vessel. The court rejected constitutional challenges to the Maritime Drug Law Enforcement Act and upheld the district court's application of a captain role enhancement under the sentencing guidelines.
