Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Tenth Circuit affirmed the remand of civil and criminal cases to state court because the appellant failed to prove he acted under color of federal office. The court held that without satisfying the statutory requirements for federal officer removal, the federal district court lacked jurisdiction to retain the matters.
The Tenth Circuit affirmed the denial of Gregory Crosby's motion for compassionate release because he failed to adequately challenge the district court's finding that he did not exhaust administrative remedies. The court also held that the district court lacked jurisdiction to order a transfer to a residential re-entry facility.
The Eleventh Circuit affirmed Brandon Byner's 540-month sentence for producing and possessing child sexual abuse material, ruling that the district court did not abuse its discretion. The appellate court held that the severity of the crimes and the need to protect vulnerable victims justified the lengthy term despite the defendant's history of abuse.
The Fourth Circuit denied a certificate of appealability and dismissed Tony Bryan Smith's habeas appeal because he failed to meet the statutory requirements for challenging a procedural dismissal. The court found that Smith did not demonstrate that the district court's ruling on the successive nature of his petition was debatable or that he substantially showed a denial of a constitutional right.
The Eleventh Circuit affirmed the drug conspiracy and possession convictions of Philip Beck, Florence Beck, and Joshua Martinez, rejecting challenges to evidence admission and sentencing. The court held that the defendants' confrontation and evidentiary objections were either unpreserved or lacked merit under controlling precedent.
The Fourth Circuit dismissed an appeal by a federal prisoner because he failed to demonstrate that reasonable jurists could find the district court's denial of his habeas claims debatable. Without a certificate of appealability, the district court's order denying relief under 28 U.S.C. § 2255 remains in full effect.
The Tenth Circuit affirmed a conviction for possessing methamphetamine with intent to distribute, ruling that the defendant forfeited his challenge to the exclusion of video recordings. Because the defendant failed to preserve the evidentiary issue under Federal Rule of Evidence 106, the court applied a plain error standard and found no manifest injustice.
The Fourth Circuit affirmed the denial of Bernard Celestine's motions for sentence reduction and compassionate release while dismissing his appeal regarding a successive habeas claim. The court held that Celestine failed to challenge the procedural dismissal of his § 2255 motion in his informal brief, thereby failing to demonstrate the requisite substantial showing of a constitutional right denial.
The Tenth Circuit affirmed the denial of habeas relief because the petitioner failed to prove he actually earned First Step Act time credits through qualifying programming. The court held that without evidence of successful participation in assigned programs, a prisoner cannot establish entitlement to credit adjustments.
The Fourth Circuit affirmed a 78-month prison sentence for a convicted felon found in possession of a firearm, ruling that the district court did not abuse its discretion. The court held that the defendant failed to rebut the presumption of reasonableness for a within-Guidelines sentence despite arguments regarding his delayed brain development and rehabilitation efforts.
