Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Third Circuit granted counsel's motion to withdraw under Anders v. California, finding that Dayakar Mallu's appeal presented no nonfrivolous issues. The court affirmed Mallu's conviction and downward-varied sentence based on the enforceability of his valid appellate waiver.
The Federal Circuit affirmed the Court of Federal Claims' jurisdiction to hear Ligado Networks' takings claim but vacated rulings on whether the company holds a protected property right in its radio spectrum license. The court remanded the case because the parties presented arguments at too high a level of generality, requiring a more specific analysis of the Communications Act and FCC actions.
The Third Circuit affirmed Brandyn Allen Seabreeze's conviction for possession of a firearm by a convicted felon, ruling that the traffic stop and subsequent search did not violate the Fourth Amendment. The court further held that Seabreeze had knowingly waived his right to appeal the sentencing calculation in his plea agreement.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States v. Jimmie Willis. Judgment has been entered in accordance with the court's decision.
The Seventh Circuit vacated a default judgment against absent e-commerce vendors, ruling that the district court lacked personal jurisdiction due to insufficient evidence of actual sales in Illinois. The court clarified that merely operating an accessible website is not enough to establish jurisdiction under the Lanham Act without proof of forum-specific transactions.
The Eleventh Circuit affirmed Rodrick Maurice Hamilton's conviction for conspiracy and attempt to commit Hobbs Act robbery following an armed shootout at a convenience store. The court rejected Hamilton's challenges to jury instructions on flight, prosecutorial comments on his silence, juror misconduct, and a sentencing Guidelines departure without notice.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States versus Cory Rusher. Judgment has been entered in accordance with the court's decision.
The Sixth Circuit reversed a district court dismissal of a federal habeas petition, holding that a prisoner's motion for a belated appeal under Kentucky law tolls the federal statute of limitations. The court ruled that because the state appeal remained pending under a recognized exception for ineffective assistance of counsel, the one-year federal clock did not run during that period.
The Sixth Circuit affirmed a 21-month prison sentence for Phillip Gray, who violated supervised release conditions through repeated drug use and combative behavior. The court found no procedural or substantive error, noting the district court adequately considered Gray's psychiatric history while prioritizing public safety and the need for custodial monitoring.
The Eleventh Circuit affirmed the convictions and sentences of Andrea Mitchell and Lester Best, rejecting challenges to the sufficiency of evidence for aggravated identity theft and wire fraud. The court further upheld a four-level sentencing enhancement for Best, finding he acted as an organizer or leader of the fraudulent scheme.
