Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Fifth Circuit affirmed Demario Montrell Rodgers's conviction for felon in possession of a firearm, ruling that the district court correctly denied his motion to suppress evidence. The court held that the totality of the circumstances provided reasonable suspicion for the investigatory stop that led to the discovery of the weapon.
The Fifth Circuit affirmed Xavion Watts's conviction and ten-year sentence for possession of a machinegun, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Watts's unpreserved constitutional challenges to the federal machinegun ban under the Second Amendment and Commerce Clause.
The Fifth Circuit affirmed the revocation of Maurice Coleman's supervised release and his 18-month prison sentence. The court held that Coleman's constitutional challenge to 18 U.S.C. § 3583(g) is foreclosed by its prior decision in United States v. Garner.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court simultaneously denied the defendant's separate motion to dismiss as moot, resolving the case by excusing counsel from further representation.
The Ninth Circuit affirmed Koby Don Williams's conviction for attempted online enticement of a minor but vacated his sentence due to a procedural error in applying a sentencing enhancement. The court held that the district court failed to make the specific factual findings required to support an obstruction of justice enhancement based on the defendant's trial testimony.
The Ninth Circuit affirmed summary judgment for Bank of America, holding that the International Emergency Economic Powers Act shields financial institutions from liability for good-faith compliance programs based on OFAC guidelines. The court ruled that the liability shield applies to actions permitted by regulatory guidance, not just those strictly compelled by the Iranian Transactions and Sanctions Regulations.
The Seventh Circuit affirmed Lennie Perry's conviction, ruling that the district court properly denied his midtrial request for a sixth appointed attorney after he had twice validly waived his right to counsel. The court held that once a defendant knowingly and voluntarily waives the Sixth Amendment right to self-representation, the judge may hold him to that decision without reassessing his motives or the potential for delay.
The Eleventh Circuit dismissed this appeal sua sponte because the prisoner's notice of appeal was filed after the statutory deadline. The court found it lacked jurisdiction to review the district court's denial of the habeas motion.
The Eleventh Circuit affirmed the denial of David Antoine Luster's motion for compassionate release, ruling that his claim of an unusually long sentence did not constitute an extraordinary and compelling reason for relief. The court held that the district court properly weighed the severity of Luster's bank robbery convictions and firearm offenses against the non-retroactive changes in law under the First Step Act.
The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).
