Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Sixth Circuit affirmed a 131-month sentence for drug trafficking, ruling that the district court did not abuse its discretion in imposing an upward variance. The court held that the judge properly considered the defendant's extensive uncharged criminal history and recent jail violence under the statutory sentencing factors.
The Fifth Circuit affirmed George Dennis Moore's conviction for possessing a firearm as a felon, rejecting his constitutional challenges as foreclosed by controlling precedent. The court held that while the statute is constitutional on its face, Moore's status as a probationer at the time of the offense precludes an as-applied challenge.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jason Anthony Dirks after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the district court's judgment in effect.
The Ninth Circuit affirmed Jacques Polzin's conviction for violating federal conflict-of-interest statutes, ruling that a rational jury could reject his entrapment by estoppel defense. The court deferred to the jury's resolution of conflicting evidence regarding supervisor approval and Polzin's concealment from ICE agents.
The Ninth Circuit affirmed the dismissal of a pro se lawsuit challenging Los Angeles County property tax collection, holding that federal comity principles bar § 1983 challenges where state remedies exist. The court also upheld the dismissal of civil RICO and state law claims for failing to meet the plausibility standard required by federal pleading rules.
The Ninth Circuit affirmed the district court's summary judgment in favor of mortgage lenders, ruling that appellants failed to prove the existence of an enforceable contract. The court held that the plaintiffs' claims lacked the written evidence required under Washington's statute of frauds and contract principles.
The Ninth Circuit affirmed the dismissal of Alfred Clark's foreclosure-related claims, ruling that he failed to plausibly allege the defendants were debt collectors under the FDCPA or that he was not in default. The court held that amending the complaint would be futile because no viable legal theory existed to support his allegations under federal or Nevada law.
The Eighth Circuit affirmed Matthew Keirans's 144-month prison sentence, rejecting his claim that the district court abused its discretion by weighing the unique harm of his identity theft. The court held that the lower court properly imposed special conditions of supervised release based on Keirans's decades-long pattern of deception and history of mental health and substance abuse issues.
The Seventh Circuit affirmed the dismissal of a federal employee's retaliation claim, clarifying that the bar on reviewing security-clearance decisions is a non-jurisdictional rule of mandatory deference rather than a lack of subject-matter jurisdiction. The court held that adjudicating the plaintiff's pretext claim would impermissibly require the judiciary to second-guess the Executive Branch's sensitive national security judgments.
The Tenth Circuit affirmed the dismissal of a prisoner's Eighth Amendment supervisory liability claim against the Secretary of Corrections. The court held that generalized allegations of understaffing and poor training were insufficient to prove the official knew or should have known these conditions would specifically cause the plaintiff's injuries.
