Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fourth Circuit held that the execution of a removal warrant by ICE after an EOIR final order is not a 'pending proceeding' under 18 U.S.C. § 1505. Consequently, the court vacated the defendant's conviction for obstructing immigration proceedings and remanded the case.
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 United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Jose Daniel Ramirez. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
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 Winston Pinnock's convictions and 120-month sentence for drug trafficking under the Maritime Drug Law Enforcement Act. The court rejected constitutional challenges as foreclosed by binding precedent and found the district court's sentence substantively reasonable.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Eleventh Circuit affirmed a summary judgment in a premises-liability case because the appellant failed to challenge all independent grounds supporting the lower court's ruling. The court held that an appellant must successfully rebut every basis for a multi-ground judgment to obtain reversal.
The Ninth Circuit affirmed a jury verdict for an employee terminated for prescription pain medication use, rejecting the employer's claim that the termination was a nonjusticiable security clearance decision. The court held that medical and physical fitness standards under 10 C.F.R. § 1046 are distinct from predictive national security judgments protected by the Supreme Court's decision in Department of Navy v. Egan.
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.
