Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fourth Circuit affirmed a drug trafficking conviction after finding no abuse of discretion in the district court's denial of a new trial motion. The court held that a juror's dishonesty during voir dire regarding a prior federal investigation did not violate the defendant's right to an impartial jury.
The Eleventh Circuit affirmed the denial of Jeffery Lewis's motions to withdraw his guilty plea, ruling that the district court did not plainly err in accepting it. The court held that Lewis was competent to plead guilty and fully understood the consequences, including the potential for a consecutive sentence based on methamphetamine involvement.
The Fourth Circuit affirmed the denial of a motion to suppress evidence found in a backpack, holding that the defendant abandoned the property during flight from law enforcement. The court ruled that the district court did not clearly err in finding abandonment based on the defendant's failed attempt to store the bag in a residence and subsequent flight, rendering the warrantless search valid.
The Tenth Circuit enforced a defendant's appeal waiver, dismissing her challenge to a 24-month prison sentence for bank fraud. The court found the waiver valid under the three-factor Hahn test and noted no miscarriage of justice.
The Ninth Circuit affirmed a 96-month sentence for a felon in possession of a firearm, rejecting claims that the district court committed procedural errors by departing from sentencing guidelines. The court held that judges are not required to incrementally move through criminal history categories and that such factors are properly considered within the ultimate reasonableness analysis.
The Fifth Circuit affirmed a 240-month statutory maximum sentence for child pornography possession, rejecting claims that the district court unreasonably weighed the defendant's prior sexual assault conviction. The court held that the district court properly considered the defendant's lack of remorse and the need to protect the public under 18 U.S.C. § 3553(a).
The Ninth Circuit affirmed Brian Broderick's conviction for transmitting a threat under 18 U.S.C. § 875(c), finding the evidence sufficient to establish a true threat. The court held that Broderick waived his challenge to excluded psychiatric testimony by withdrawing his notice of intent to present such evidence before the district court ruled.
The Fifth Circuit reversed Elijah Martin's convictions under 18 U.S.C. § 922(g)(1), holding the statute unconstitutional as applied to him because his predicate offenses were simple drug possession. The court found the government failed to demonstrate a sufficient historical tradition for disarming individuals based on non-violent drug possession under the Bruen test.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court concurred with the attorney's assessment under the Anders standard, leaving the district court's judgment in effect.
The Seventh Circuit affirmed Glenn Wooden's conviction and sentence, rejecting his novel argument that the Controlled Substances Act criminalizes only specific optical isomers of methamphetamine. The court held that federal law prohibits all forms of the drug regardless of molecular composition, rendering the government's expert testimony on purity sufficient.
