Correspondent
Capitol Hill correspondent, covers legislative and political stories.
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 affirmed Wilber Vigil-Benitez's conviction for murder in aid of racketeering, ruling that the district court's jury instructions on motive and participation were legally correct. The court held that the defendant waived his challenge to the motive instruction by expressly accepting it and that the refusal to give a separate "mere presence" instruction was proper because the aiding-and-abetting charge already covered the defense theory.
The Fourth Circuit affirmed the denial of Juan Zapata's habeas petition challenging the revocation of his good conduct time. The court held that the prison's disciplinary finding of constructive possession was supported by the required 'some evidence' standard.
The Eleventh Circuit dismissed an appeal sua sponte because the district court's order was not a final judgment. The appellate court lacks jurisdiction to review partial dismissals that leave other claims pending without proper certification.
The Fifth Circuit granted appointed counsel's motion to withdraw, finding no nonfrivolous issues for direct appeal. However, the court dismissed the appeal without prejudice because the record was insufficient to fairly evaluate the defendant's ineffective assistance claims.
The Eighth Circuit affirmed consecutive sentences for federal escape and supervised release revocation, finding the district court did not abuse its discretion in weighing sentencing factors. The court also granted counsel's motion to withdraw after an independent review found no non-frivolous issues for appeal.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act for drug trafficking occurring within a foreign nation's Exclusive Economic Zone. The court held that Congress possesses authority under the Felonies Clause to prosecute such conduct and that a vessel becomes subject to U.S. jurisdiction when its master fails to claim nationality.
The Fifth Circuit granted an appointed attorney's motion to withdraw from representing a criminal defendant after reviewing the record and finding no non-frivolous issues for appeal. Consequently, the court dismissed the appeal and excused counsel from further responsibilities.
The Eighth Circuit affirmed an 18-month prison sentence imposed after revoking Macy Renee Patterson's supervised release. The court held the sentence was substantively reasonable because the district court properly weighed sentencing factors without clear error.
