Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Tenth Circuit affirmed the dismissal of RICO claims against tribal officials in their official capacities, ruling that tribal sovereign immunity remains intact for such suits. However, the court reversed the dismissal of Indian Gaming Regulatory Act claims, holding that Congress expressly abrogated tribal immunity for these specific statutory violations.
The Fifth Circuit dismissed an appeal challenging a sentencing enhancement because the defendant's plea agreement contained a valid waiver of that right. The court found the waiver's plain language covered the specific firearm possession circumstances at issue.
The Fifth Circuit affirmed the denial of Joseph Gray Jr.'s motion for compassionate release, ruling that he failed to demonstrate a nonretroactive change in law affecting his culpability. The court further held that Gray did not satisfy the statutory requirement of having served at least ten years of his sentence.
The Eleventh Circuit affirmed Christopher Defilippis's life sentence for distributing fentanyl that caused a death, ruling that witness testimony and chemical evidence sufficiently proved the drugs he sold were the but-for cause of the victim's overdose. The court also rejected claims regarding evidentiary errors and discovery violations, finding any mistakes harmless and the government's disclosures adequate.
The Tenth Circuit reversed a district court's dismissal of a pro se plaintiff's complaint for failure to prosecute, finding that the plaintiff's inability to receive mail excused his failure to cure deficiencies. The court held that the record suggested the defendant failed to provide proper notice and that the plaintiff's motion for electronic filing remained unresolved.
The Fifth Circuit affirmed Joshua Ryan Burns's conviction for possessing a firearm as a convicted felon, rejecting his constitutional challenges as foreclosed by binding precedent. The court granted the government's motion for summary affirmance without oral argument, leaving the district court's judgment in full force.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after a review found no nonfrivolous issues for appellate review. The court concluded the record contained no arguable claims of error, leaving the district court's judgment in place.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thelma Marshell Anderson after determining the appeal contained no nonfrivolous issues. The court dismissed the appeal without addressing the merits of the underlying conviction.
The Fourth Circuit affirmed a 200-month sentence for a firearms conviction, ruling that while the district court erred by determining the 'different occasions' of prior felonies without a jury, the mistake was harmless. The court held that the defendant would have waived his right to a jury and admitted the prior offenses occurred on separate occasions had he been properly advised during his guilty plea.
The Fourth Circuit affirmed the district court's denial of attorney's fees and damages under the Fair Labor Standards Act. The appellate panel found no reversible error in the lower court's interpretation of the settlement agreement.
