Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eighth Circuit affirmed the sentence imposed on a defendant convicted of drug and firearm offenses, finding no abuse of discretion by the district court. The court also conducted an independent review of the record and determined there were no non-frivolous issues to pursue on appeal.
The Fourth Circuit affirmed Ceara Smith's conviction and sentence, ruling that her valid plea agreement appeal waiver barred her challenge to the sentencing enhancement. The court also denied Anders relief after reviewing the record and finding no non-waived meritorious issues.
The Eighth Circuit affirmed the revocation of supervised release and a 12-month sentence, ruling that the district court did not clearly err in finding drug use and new law violations based on witness testimony. The court further held that the sentence was substantively reasonable given the defendant's refusal to take responsibility for his actions.
The Fourth Circuit affirmed Tyrone Hinton's sentence, ruling that the district court did not abuse its discretion by failing to explicitly address every nonfrivolous argument against the career offender Guidelines range. The appellate court held that the judge's explanation was sufficient to demonstrate a reasoned basis for the sentence under 18 U.S.C. § 3553(a).
The Tenth Circuit affirmed Jerry Lana Freeman's 224-month sentence, ruling that the district court did not clearly err in relying on co-conspirator statements to calculate drug quantity. The court held that the Presentence Report's eight-kilogram estimate was supported by sufficient evidence, including the defendant's own admissions and corroborating testimony.
The Tenth Circuit affirmed the denial of a motion to dismiss a felon-in-possession indictment, holding that prior circuit precedent mandates upholding the statute against Second Amendment challenges. A panel court cannot overrule binding precedent, even if the defendant argues the prior felony was non-violent.
The Sixth Circuit affirmed Ricky House's 96-month sentence, ruling that his challenge to the large-capacity-magazine enhancement was forfeited because he invited the error by stipulating to its application below. The court further held that the district court adequately considered House's policy arguments regarding the enhancement when imposing a below-Guidelines sentence.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Lonnie Caldera after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the defendant's conviction intact without further appellate review.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case lacked arguable grounds for reversal under the Anders standard.
The Fourth Circuit affirmed the denial of Joseph Bourabah's motions to substitute counsel and withdraw his guilty plea, finding no abuse of discretion in the district court's handling of the requests. The court upheld a 100-month sentence for a severe cyberstalking campaign, ruling that the district court properly applied upward departures for the extreme psychological injury inflicted on the victims.
