Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The First Circuit vacated and remanded a sentencing decision because the district court's explanation for an upward variance was ambiguous. The appellate court could not determine the meaning of the judge's reference to the defendant's association with convicted felons.
The Ninth Circuit reversed the district court's dismissal of an indictment charging defendants with violating the Anti-Riot Act, holding that they failed to satisfy the rigorous two-prong selective prosecution standard. The panel found no similarly situated individuals were unpunished because the lower court improperly compared collective far-left groups to specific defendants and determined that timing and other government actions did not prove impermissible motive.
The D.C. Circuit affirmed summary judgment for federal law enforcement agencies in two Freedom of Information Act lawsuits, ruling that their searches for records regarding death row inmate Daniel Troya were adequate. The court further held that the agencies properly withheld documents under multiple FOIA exemptions to protect privacy, confidential sources, and law enforcement techniques.
The Ninth Circuit denied a petition for review, holding that a Nevada conviction for attempted lewdness with a child under 14 constitutes an aggravated felony of attempted sexual abuse of a minor. The court reaffirmed that its precedent defining the generic elements of this crime remains consistent with the Supreme Court's narrow ruling in Esquivel-Quintana.
The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.
The D.C. Circuit affirmed the dismissal of the government's suit to compel registration under the Foreign Agents Registration Act because the alleged agent ceased his activities years before the lawsuit was filed. The court held that FARA registration obligations are prospective and expire when an individual stops acting on behalf of a foreign principal.
The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.
The Ninth Circuit affirmed the fraud convictions and sentences of Elizabeth Holmes and Sunny Balwani, ruling that while some lay witness testimony improperly encroached on expert testimony under Rule 702, any error was harmless. The court further rejected arguments regarding the admissibility of a CMS report and other evidentiary challenges, finding no reversible error in the district court's decisions.
The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.
The Second Circuit held that periodic reviews of a Connecticut prisoner's administrative segregation status satisfied due process even while he was incarcerated in Virginia. However, the court found a genuine dispute of material fact regarding whether Virginia Department of Corrections administrative remedies were available to the plaintiff, rendering summary judgment on his First, Sixth, and Eighth Amendment claims inappropriate.
