Correspondent
Capitol Hill correspondent, covers legislative and political stories.
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 Fourth Circuit vacated the sentence of a defendant convicted of drug trafficking and firearm possession due to a 'Rogers error' involving ambiguous supervised release conditions. The court held that the district court failed to clearly incorporate the correct standing order, creating a material discrepancy between the oral pronouncement and the written judgment.
The Eleventh Circuit affirmed the convictions of Joan Manuel Estadella for felon in possession of a firearm and possession with intent to distribute methamphetamine. The court rejected challenges to the denial of a motion to suppress, the admission of evidence, and the sentencing calculation based on drug purity.
The Seventh Circuit affirmed the defendants' Hobbs Act robbery convictions, ruling that robbing customers at a convenience store disrupted interstate commerce by forcing the business to close. The court also rejected a claim of jury confusion regarding the specific victim, finding the argument was waived because it was not raised at the trial level.
The Seventh Circuit affirmed convictions for Hobbs Act robbery and brandishing a firearm, ruling that the robbery of customers at a convenience store satisfied the interstate commerce nexus. The court also rejected a claim of jury confusion, finding that the defendants failed to present a separate legal theory to the jury regarding the robbery of a customer outside the store.
The Seventh Circuit affirmed the defendants' convictions for Hobbs Act robbery and brandishing a firearm, rejecting the argument that the robbery failed to affect interstate commerce. The court further held that the defendants forfeited any claim that the jury might have relied solely on a robbery of a victim outside the store.
The United States Court of Appeals for the Eleventh Circuit denied a petition for rehearing en banc in a capital habeas case. The panel decision upholding the death sentence remains in effect despite dissenting arguments regarding jury hesitation and ineffective assistance of counsel.
The Seventh Circuit dismissed Michael Tovar's appeal in a civil forfeiture case because his brief failed to challenge the district court's reasoning on issue preclusion. The court held that Tovar could not relitigate the source of the seized cash, which had already been determined during his criminal sentencing and prior appeal.
The Seventh Circuit granted appointed counsel's motion to withdraw under Anders v. California, dismissing the appeal as frivolous. The court held that the defendant's broad plea agreement waiver barred his challenges and that no non-frivolous issues remained for review.
The Seventh Circuit granted appointed counsel's motion to withdraw and dismissed Kendall Guyton's appeal after determining the case was frivolous under Anders v. California. The court found no non-frivolous grounds to challenge Guyton's sex trafficking conviction or his 324-month sentence.
