Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The United States Court of Appeals for the Eleventh Circuit affirmed the conviction and sentence of Davey Green for distributing a controlled substance. The court granted appointed counsel's motion to withdraw after an independent review found no arguable issues of merit.
The Eleventh Circuit affirmed the denial of Leoncio Perez's motion for compassionate release, ruling that his advanced age and medical conditions did not constitute extraordinary and compelling reasons for sentence reduction. The court held that the district court properly weighed the sentencing factors under 18 U.S.C. § 3553(a) and found Perez's history and the nature of his offenses precluded leniency.
The Eleventh Circuit lacks jurisdiction to review a district court order remanding a foreclosure action to state court. The court granted the motion to dismiss the appeal regarding the remand order but will carry the issue of jurisdiction regarding the denial of reconsideration to the merits panel.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a motion to modify supervised release conditions. The appellate panel found no abuse of discretion in the lower court's decision.
The Seventh Circuit held that the Internal Revenue Service may assess and collect criminal restitution as a civil tax liability under 26 U.S.C. § 6201(a)(4)(A), even when doing so accelerates payment beyond the original criminal sentencing schedule. The court affirmed the Tax Court's rejection of the taxpayer's challenge, ruling that Congress intended to empower the IRS to enforce restitution for tax-related crimes to ensure full recovery of Treasury losses.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's judgment in a challenge to a federal firearms statute. The appellant conceded that his constitutional argument was foreclosed by the circuit's recent precedent in Vincent v. Bondi.
The Eleventh Circuit clarified the requirements for civil beneficiary claims under the Trafficking Victims Protection Reauthorization Act, vacating summary judgment where plaintiffs presented sufficient evidence of hotel participation in trafficking ventures.
The Eleventh Circuit clarified that hotel operators may be liable under the TVPRA if they provide personalized support to sex trafficking operations, going beyond mere room rentals. The court vacated summary judgments, ruling that plaintiffs presented sufficient evidence of staff participation and knowledge to create jury questions on civil liability.
The Ninth Circuit vacated the district court's denial of a motion to compel arbitration because the record contains a genuine dispute of material fact regarding the formation of a valid agreement under California contract law. The appellate court held that unresolved factual issues concerning fraud and execution require resolution before arbitration can be ordered.
The Fifth Circuit affirmed the district court's denial of Enoch Buckley's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The court held that Buckley failed to demonstrate an abuse of discretion because his arguments regarding sentencing disparities were mere conjecture.
