Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement, dismissing his appeal as frivolous. The court found the waiver was valid and its enforcement would not result in a miscarriage of justice.
The Tenth Circuit held that the Governor of Colorado is not immune from suit regarding alleged violations of a prisoner's religious rights because state law grants him final authority over the Department of Corrections. The court further ruled that the prisoner's transfer to a new facility did not moot his claims for injunctive relief since the alleged unconstitutional conditions persist.
The Tenth Circuit affirmed the dismissal of Bani Moreno's habeas petition challenging his 2022 removal, holding that he was not 'in custody' within the meaning of 28 U.S.C. § 2241 because he remained outside the United States. The court concluded that a non-citizen residing abroad lacks the requisite custody status to invoke federal habeas jurisdiction for immigration removal proceedings.
The Tenth Circuit affirmed the denial of a motion to dismiss an indictment for being a felon in possession of a firearm. The court held that the defendant's Second Amendment challenge was already foreclosed by its prior decision in Vincent v. Bondi.
The Tenth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after a plenary review found the defendant's claims wholly frivolous. The court determined that the defendant's admission of drug use and his request for a specific sentence left no nonfrivolous basis for challenging the supervised release revocation.
The Third Circuit affirmed Deon Blair's criminal sentence, rejecting his pro se arguments regarding ineffective assistance of counsel, jury trial waiver, and sufficiency of evidence. The court held that Blair knowingly waived his constitutional rights and that the evidence sufficiently supported his conviction for fentanyl distribution resulting in death.
The Eleventh Circuit dismissed Annel Antonio Carrera's appeal as untimely because his notice of appeal was filed more than 30 days after the initial deadline expired. The court also affirmed the district court's denial of his motion for reconsideration, ruling that he failed to present new evidence or legal authority.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal regarding a compassionate release motion. The dismissal occurred because the appellant was released from incarceration via executive clemency while the appeal was pending.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this criminal appeal. Judgment has been entered in accordance with the court's decision.
The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm prohibitions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar federal review when a plaintiff challenges the underlying statutes rather than seeking to overturn a specific state-court judgment.
