Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit affirmed the denial of Douglas Lee Barlow's motion for compassionate release, finding no abuse of discretion in the district court's weighing of sentencing factors. The court further held that defendants seeking sentence reductions under 18 U.S.C. § 3582(c)(1)(A)(i) have no constitutional or statutory right to appointed counsel.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Derritt Swearington against the Federal Trade Commission. The court ruled that it lacked jurisdiction because the district court order denying a motion for default judgment was not a final or appealable interlocutory order.
The Fourth Circuit dismissed Arkeem H. Nellon's appeal from a district court's procedural dismissal of his habeas petition because he failed to obtain a certificate of appealability. The court independently reviewed the record and found Nellon did not make the requisite substantial showing that the procedural ruling was debatable or that his underlying claim involved a constitutional right.
The Third Circuit affirmed the District Court's denial of Rasheed Hargrove's motion for a sentence reduction under the First Step Act. The appellate court found no abuse of discretion, noting the lower court properly considered Hargrove's arguments regarding historical sentencing inequities.
The Fourth Circuit dismissed Reshod Jamar Everett's appeal from the denial of his federal habeas corpus motion because he failed to obtain a certificate of appealability. The court independently reviewed the record and found that Everett did not make the requisite showing that reasonable jurists could find the district court's assessment of his constitutional claims debatable.
The Fourth Circuit Court of Appeals dismissed Bennie Mitchell's appeal from a denial of habeas relief because he failed to obtain a certificate of appealability. The court independently reviewed the record and found that Mitchell did not make a substantial showing of the denial of a constitutional right.
The Fourth Circuit affirmed Ethan D. Delauder's conviction for possessing a firearm after a misdemeanor domestic violence conviction, rejecting his Second Amendment challenge. The court held that his facial challenge was foreclosed by precedent and his as-applied challenge was waived for failure to develop the argument.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States versus Gibbs. Judgment has been entered in accordance with the court's decision.
The Fourth Circuit affirmed the denial of a sentence reduction for a defendant whose criminal history category was lowered by a Sentencing Guidelines amendment. The court held that a statutory mandatory minimum sentence prevented any further reduction of the term already being served.
The Fourth Circuit dismissed Richard Thurston's appeal from a district court's denial of his habeas corpus petition because he failed to obtain a required certificate of appealability. The court found that Thurston did not make a substantial showing that reasonable jurists could find the district court's assessment of his constitutional claims debatable or wrong.
