Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit granted an appointed attorney's motion to withdraw and dismissed the defendant's 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 Third Circuit affirmed summary judgment for Trooper Nicholas Stolar, holding that while omitting self-defense evidence from a probable cause affidavit can violate the Fourth Amendment, the right was not clearly established at the time of the arrest. Consequently, Trooper Stolar retains qualified immunity despite the court's new rule requiring officers to disclose known facts that conclusively negate the mental state of a charged crime.
The Eleventh Circuit affirmed a 48-month prison sentence for a tax fraud conspirator, rejecting claims that the district court failed to properly weigh sentencing factors. The appellate court held that the lower court's upward variance was justified by the defendant's disregard for court orders and his central role in a large-scale fraud scheme.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Negron-Cardona after reviewing the case record. The court dismissed the appeal, finding no nonfrivolous issues for appellate review under the standard set in Anders v. California.
The Third Circuit affirmed the dismissal of Aaron Lyons's habeas petition, ruling that his claim based on the Supreme Court's Rehaif decision was procedurally defaulted. The court held that the legal argument regarding knowledge of conviction status was reasonably available when Lyons pleaded guilty, and he failed to demonstrate actual innocence to excuse the default.
The Eleventh Circuit summarily affirmed Joshua York's 270-month sentence, ruling that his prior Georgia methamphetamine convictions qualify as controlled substance offenses under the Sentencing Guidelines. The court held that its prior decision in United States v. Kennedy forecloses York's challenge regarding the definition of controlled substances.
The Fourth Circuit affirmed the denial of a federal prisoner's habeas petition challenging the revocation of good conduct time credits. The court held that while due process requires a written report of evidence following a disciplinary hearing, federal law imposes no specific deadline for its issuance.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representation after an independent review found no arguable issues for appeal. The court affirmed the defendant's convictions and sentences, concluding the record revealed a complete lack of merit in his challenges.
The Fifth Circuit affirmed Vernell Woodard's conviction and sentence for firearm brandishing and aiding and abetting a crime of violence. The court held that any failure by the district court to warn Woodard about restitution authority was harmless error because he could not show he would have rejected his plea had he received the warning.
The Eighth Circuit affirmed the district court's denial of Christian Archer's motion for compassionate release, finding he failed to demonstrate extraordinary and compelling reasons for a sentence reduction. The court granted counsel's motion to withdraw and left Archer subject to his original sentence.
