Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Sixth Circuit affirmed the procedural reasonableness of Curtis J. Phillips's 360-month sentence, rejecting his challenges to drug weight calculations and firearm enhancements. The court held that the district court's findings were supported by a preponderance of the evidence and were not clearly erroneous.
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 Fourth Circuit vacated a district court dismissal of a pro se excessive force complaint, ruling that the lower court applied an overly strict pleading standard and failed to include a second officer as a defendant. The appellate court held that the plaintiff's allegations, accepted as true, sufficiently stated a plausible claim under the Fourth Amendment's reasonableness test.
The Fourth Circuit vacated a district court dismissal of a federal prisoner's habeas petition regarding First Step Act time credits. The appellate court held that factual disputes over the prisoner's pre-transfer program participation required discovery and a government response before dismissal.
The Fourth Circuit denied a petition for panel rehearing in a First Step Act time credit dispute, upholding the original ruling that denied sentence credits. The majority rejected the petitioner's new claim of participation in psychological programming as inconsistent with his prior litigation positions and insufficient to meet statutory requirements.
The Federal Circuit affirmed the Merit Systems Protection Board's decision to uphold the removal of a federal supervisor for insubordination and failure to follow instructions. The court held that the agency met its burden of proof under the preponderance of the evidence standard and that the penalty of removal was reasonable under the Douglas factors.
The Ninth Circuit affirmed Kendall Anagal's conviction for aggravated sexual abuse, ruling that the district court properly admitted expert testimony regarding child abuse myths and prior bad acts evidence. The court further held that the admission of peephole and video evidence was harmless error and that an inquiry into a juror's internal motivations was barred by Federal Rule of Evidence 606(b).
The Ninth Circuit affirmed Schylar Colfax's conviction for abusive sexual contact with a minor, finding the evidence sufficient to prove intent to gratify sexual desire. The court rejected challenges regarding witness credibility, the suppression of statements, and the admission of prior bad acts, concluding no reversible error occurred.
The Sixth Circuit affirmed Joisade Wilford's conviction for using and carrying a firearm during a drug trafficking crime, rejecting her challenges to the validity of her guilty plea. The court held that a misstatement of an element during the plea colloquy did not constitute plain error and that her claims of involuntariness and actual innocence were barred by her plea agreement and the nature of direct appeal.
The Third Circuit reversed the judgment against Detective James Koenig, ruling that he had probable cause to recommend charges against the plaintiff. The court also vacated the punitive damages award against Officer Charmaine Hawkins, reducing it from $250,000 to $12,000 as constitutionally excessive.
