Correspondent
Capitol Hill correspondent, covers legislative and political stories.
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 Ninth Circuit affirmed a district court ruling that prohibited Dion Kirk Humphrey from possessing firearms due to a misdemeanor domestic violence conviction. The court rejected Humphrey's constitutional challenges regarding the ex post facto clause, Second Amendment rights, and due process.
The Eighth Circuit affirmed Raheam McLean's supervised release revocation sentence, finding no plain error in the district court's explanation or alleged Tapia violation due to a failure to preserve objections. The court modified the written judgment to remove an erroneous reference to a mandatory condition that did not match the oral pronouncement.
