Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit affirmed the denial of Jonathon Howard Beck's habeas motion, ruling that the record conclusively showed he received effective assistance of counsel. The court held that Beck's sworn statements during his plea colloquy created a formidable barrier to his claim that he did not understand his mandatory minimum sentences.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Eleventh Circuit affirmed the denial of a motion for sentence reduction after determining the appeal raised no non-frivolous issues. The court granted counsel's motion to withdraw under Anders v. California, leaving the original 96-month sentence in effect.
The Tenth Circuit affirmed the denial of Jvan Jackson's motion to suppress evidence from three warrantless vehicle searches. The court held that Jackson lacked Fourth Amendment standing for the first search but that officers had reasonable suspicion and probable cause for the subsequent two stops.
The Eleventh Circuit affirmed Gerard Eric Beasley's conviction for possession of a firearm by a convicted felon, ruling that the Second Amendment does not protect felons from such bans. The court also held that any error in admitting a second confession was harmless because the firearm would have been inevitably discovered through lawful means.
The Tenth Circuit denied a certificate of appealability and dismissed a federal habeas petition because the district court's ruling on the statute of limitations was not reasonably debatable. The court found the one-year filing deadline expired in 2002 and the petitioner's subsequent state filings did not toll the period.
The Fifth Circuit dismissed an appeal by a defendant who failed to prove the government breached his plea agreement. The court held that the government satisfied its sentencing recommendation obligation by including it in the presentence report.
The Fifth Circuit affirmed a 60-month prison sentence for a wire fraud conspiracy, ruling that the defendant failed to prove plain error regarding a sentencing enhancement for substantial financial hardship. The court further held that the district court did not abuse its discretion in imposing an above-Guidelines sentence based on the victims' advanced age.
The Fifth Circuit affirmed Christopher Andrade's conviction for conspiracy to commit murder-for-hire, finding no plain error in the evidence regarding the victim's identity. The court further held that jury instructions were accurate and the admission of redirect testimony did not warrant reversal.
The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.
