Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Ninth Circuit affirmed the denial of Stuart Seugasala's motion for relief from judgment, rejecting claims of procedural error and judicial bias. The court held that any procedural missteps were harmless and found no reasonable basis to question the district judge's impartiality.
The Fourth Circuit affirmed the revocation of Preston Mills' supervised release but vacated his sentence as plainly unreasonable. The court held that the district court failed to address a non-frivolous mitigation argument regarding the extended time Mills spent under supervision.
The Ninth Circuit affirmed the denial of Stuart Seugasala's motion for relief from judgment, ruling that any procedural error by the district court was harmless. The court further held that the district judge did not abuse his discretion by declining to recuse himself despite minimal undisclosed contacts with a witness.
The Eleventh Circuit affirmed a drug trafficking sentence where the district court's initial oral pronouncement exceeded the statutory maximum. The court held that a lawful written judgment controls over an oral pronouncement that violates the plain language of the statute.
The Ninth Circuit affirmed Robert Charles Kay's conviction for possession of controlled substances with intent to distribute. The court held that the warrantless search of Kay's vehicle was constitutional under the plain view doctrine and the automobile exception to the Fourth Amendment.
The Ninth Circuit affirmed the denial of Phosavan Khamnivong's motion to vacate his sentence, ruling that the district judge did not abuse his discretion by declining to recuse himself. The court held that the judge's minimal contacts with a witness were insufficient to cause a reasonable person to question his impartiality.
The Eleventh Circuit affirmed Amos Christolin's drug trafficking convictions, rejecting his claim that his ambiguous statement in Haitian Creole constituted an unequivocal invocation of his right to remain silent. The court further held that the district court's admission of an agent's translations did not violate the Confrontation Clause under plain error review.
The Eleventh Circuit granted the Government's motion to dismiss an appeal, enforcing a waiver of appellate rights contained in the defendant's plea agreement. The court held that the waiver was binding because it was entered knowingly and voluntarily, covering even blatant legal errors.
The Eleventh Circuit dismissed Aaron Thompson's appeal of his 41-month sentence because his plea agreement contained a valid waiver barring substantive reasonableness challenges. The court held that Thompson knowingly and voluntarily entered the plea after the district court properly advised him of the waiver's scope.
The Eleventh Circuit dismissed Aaron Thompson's appeal of his 41-month sentence because his plea agreement contained a valid waiver of his right to appeal. The court held that Thompson knowingly and voluntarily waived his appellate rights, and none of the specific exceptions to that waiver applied to his case.
