Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fourth Circuit affirmed in part and dismissed in part the conviction and sentence of a defendant who pleaded guilty to drug trafficking and firearms offenses. The court held that the defendant's appellate waiver was valid and enforceable, barring review of sentencing issues raised under an Anders brief.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the defendant's convictions and sentence after an independent review found no arguable issues of merit.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a federal prisoner challenging the denial of his habeas corpus motion. The court held that the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
The Eleventh Circuit granted a joint motion for summary reversal, holding that the government breached its plea agreement by arguing for a higher sentencing guideline range based on the purity of the methamphetamine. The court vacated the within-guideline sentence and remanded the case for resentencing consistent with the terms of the plea agreement.
The Fourth Circuit dismissed an appeal from a district court order that barred a state prisoner's habeas petition as time barred. The court found the appellant failed to make the requisite showing for a certificate of appealability.
The Eleventh Circuit affirmed a statutory maximum sentence of 840 months for child pornography offenses, ruling that the district court did not abuse its discretion. The court held that the district court properly weighed the need to protect the public over the defendant's mitigating arguments regarding his mental health.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a prisoner's motion for compassionate release. The appellate court found no abuse of discretion in the lower court's refusal to grant sentence reduction.
The Eleventh Circuit affirmed a 36-month prison sentence for wire fraud, rejecting the defendant's claim that the district court abused its discretion by imposing an upward variance based on his extensive criminal history. The court held that the sentencing judge properly weighed the defendant's history of fraud and uncharged conduct alongside the seriousness of the offense and the need for public protection.
The Fourth Circuit affirmed a district court's decision to revoke supervised release and impose a sentence below the advisory guidelines range. The appellate court held that the district court adequately explained its reasoning based on the defendant's history and the need for public protection.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a state prisoner challenging the timeliness of his habeas corpus petition. The court denied a certificate of appealability because the petitioner failed to demonstrate that the procedural ruling was debatable or that his claim of a constitutional right was substantial.
