Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States v. Butler. Judgment has been entered in accordance with the court's decision.
The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.
The Tenth Circuit affirmed the denial of a second-or-successive habeas motion, ruling that a defendant's collateral-attack waiver barred his challenge to a § 924(c) conviction. The court further held that the defendant failed to prove the sentencing court relied on the now-invalid residual clause of the statute.
The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.
The Tenth Circuit affirmed Kyle Aguilar's convictions for two counts of Abusive Sexual Contact in Indian Country, ruling that the statute treats touching different body parts as separate criminal acts. The court further held that the victim's testimony provided sufficient evidence for a jury to infer the defendant's intent to gratify his sexual desire.
The Tenth Circuit affirmed a three-year prison sentence for a supervised release violation, ruling that a police report detailing firearm possession was admissible evidence. The court held that the report met the minimal reliability standard required for sentencing and that the defendant waived his right to object to the timing of its disclosure.
The Third Circuit dismissed a petition for a writ of mandamus filed by Jobadiah Weeks because the District Court subsequently ruled on the underlying motions. The appellate court found that the lower court's actions resolved the specific relief sought, eliminating the live controversy required for judicial intervention.
The Third Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim based on domestic violence. The court upheld the finding that the petitioner could safely relocate within Guatemala and failed to prove a clear probability of future torture.
The Ninth Circuit affirmed the denial of a state prisoner's habeas petition, ruling that his request to represent himself was made too close to trial to be considered timely under federal law. The court held that the California Court of Appeal reasonably applied Supreme Court precedent by finding the request untimely when made on the eve of trial.
The Ninth Circuit affirmed Alma Garza's conviction for drug conspiracy and possession, ruling that a less-than-three-day warrantless detention of a mailed package was reasonable under the Fourth Amendment. The court held that investigators acted diligently and that an evidentiary hearing was unnecessary given the lack of specific factual allegations from the defense.
