Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues existed for review. The court concurred with the attorney's assessment that the case presented no grounds for a successful appeal.
The Eleventh Circuit affirmed Winston Pinnock's convictions and 120-month sentence for drug trafficking under the Maritime Drug Law Enforcement Act. The court rejected constitutional challenges as foreclosed by binding precedent and found the district court's sentence substantively reasonable.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act, holding that binding precedent forecloses constitutional challenges regarding the statute's validity and the lack of a U.S. nexus. The court further ruled that recent Sentencing Guidelines amendments are substantive and do not apply retroactively to alter the defendants' sentences.
The Ninth Circuit affirmed the dismissal of a Title VII religious accommodation claim because the plaintiff failed to plead a bona fide religious belief sufficiently distinct from secular medical concerns. The court held that general prayer and broad religious tenets, without a clear nexus to specific religious doctrine, cannot elevate personal medical judgments to the level of protected religious conviction.
The Ninth Circuit affirmed summary judgment upholding a federal firearm prohibition against a man convicted of a local misdemeanor domestic violence offense. The court rejected arguments that the law violated the Ex Post Facto Clause or the Second Amendment, ruling that the statute regulates conduct and applies to local convictions.
The Eighth Circuit affirmed Raheam McLean's supervised release revocation sentence, finding no plain error in the district court's explanation or alleged Tapia violation due to a failure to preserve objections. The court modified the written judgment to remove an erroneous reference to a mandatory condition that did not match the oral pronouncement.
The Seventh Circuit affirmed Omari Andrews's conviction for possessing firearms in furtherance of drug trafficking, finding the evidence sufficient based on his own admission of four guns during a jail call. The court also upheld the district court's decision to admit fingerprint expert testimony, ruling that the defendant's late objection was untimely and that the expert's methodology was reliable.
The Eighth Circuit affirmed the denial of a prisoner's motion for compassionate release, ruling that the district court did not abuse its discretion. The appellate court found the lower court properly weighed the defendant's serious medical conditions against the statutory sentencing factors.
