Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fourth Circuit remanded a habeas case to determine if a late notice of appeal should be excused because the petitioner claimed he never received notice of the district court's judgment. The court treated the petitioner's letter as a motion to reopen the appeal period under Federal Rule of Appellate Procedure 4(a)(6).
The Fifth Circuit vacated a district court's denial of a prisoner's Rule 60(b) motion because the motion functioned as an unauthorized successive habeas petition. The court held that the prisoner's claims did not allege a defect in the integrity of the prior proceedings, which is the only exception to the bar on successive petitions.
The Eighth Circuit affirmed the district court's sentence for a firearm offense, ruling that the judge did not abuse their discretion. The court held that the sentencing court properly weighed statutory factors and relied on Guidelines considerations to justify an upward variance.
The Fifth Circuit affirmed Kenric W. Young's conviction and 322-month sentence, finding no plain error in the district court's denial of his suppression motion or its career offender classification. The court held that the officer's reasonable suspicion to conduct a pat-down was supported by the totality of circumstances, including flight and a visible bulge, and that Young failed to prove a realistic probability that his prior state conviction would not qualify as a predicate offense.
The Eighth Circuit affirmed the 115-month prison sentence for a felon in possession of a firearm, rejecting a facial constitutional challenge under Bruen. The court also upheld a sentencing enhancement for possessing a firearm in connection with another felony based on sufficient evidence linking the gun to the defendant's theft.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. However, the court declined to adjudicate the defendant's ineffective assistance claims on direct review due to an insufficient record.
The Third Circuit vacated a two-week sentence for a felon-in-possession of a firearm, ruling it procedurally and substantively unreasonable. The court held that the District Court failed to adequately address sentencing guidelines and the need for deterrence given the defendant's extensive drug violations during pretrial release.
The Fourth Circuit dismissed an appeal challenging a district court's denial of bail and other procedural rulings in a habeas corpus case. The court found the petitioner failed to make a substantial showing that his constitutional claims were debatable and that the remaining issues were not immediately appealable.
The First Circuit affirmed a defendant's supervised release revocation sentence but vacated his new firearm conviction sentence due to a legally invalid sentencing rationale. The court ordered a resentencing before a different judge because the district court relied on non-record facts regarding ammunition type.
The Fourth Circuit dismissed Deanna Sharp's appeal from a district court order denying her habeas petition because she filed her notice of appeal past the mandatory thirty-day deadline. The court held that strict adherence to the filing period is a jurisdictional requirement, leaving the appellate court without authority to hear the case.
