Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit affirmed Stephen Daniel Leonard's conviction for felon in possession of a firearm, rejecting all arguments regarding his self-representation and the necessity defense. The court also granted Leonard's counsel's motion to withdraw, citing incompatibility and compliance with withdrawal rules.
The Eleventh Circuit affirmed Nigel Richardson's convictions for Hobbs Act robbery and firearm offenses, rejecting challenges to the sufficiency of evidence and the indictment's Grand Jury Clause compliance. The court held that Hobbs Act robbery remains a crime of violence under the elements clause and that the indictment's language adequately alleged knowledge of Richardson's felon status.
The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.
The Tenth Circuit affirmed the district court's order denying the plaintiff leave to proceed in forma pauperis. The court held that the appellant failed to meet his burden because his brief addressed the merits of the underlying case rather than explaining why the district court erred.
The Ninth Circuit affirmed the denial of a defendant's second request for substitute counsel but reversed the denial of a third request due to the district court's failure to conduct a required inquiry. The court also vacated the defendant's sentence because the district court incorrectly applied the Sentencing Guidelines regarding what constitutes a crime of violence.
The Ninth Circuit affirmed Timothy Peoples' cocaine trafficking conviction, ruling that any error in excluding evidence of a police officer's misconduct was harmless given the overwhelming evidence of guilt. The court further held that the district court did not abuse its discretion in instructing the jury that the evidence was legally obtained.
The Ninth Circuit affirmed a 120-month federal sentence for a defendant who possessed a handgun while kidnapping and beating a domestic partner. The court held that the government met its burden to show the firearm facilitated the underlying felonies through the defendant's threats and constructive possession.
The Eighth Circuit affirmed Velma Taper's sentence for fraud offenses, finding no abuse of discretion by the district court. The court also granted counsel leave to withdraw after an independent review revealed no non-frivolous issues for appeal.
The Fifth Circuit dismissed a criminal appeal after reviewing the record and agreeing with appointed counsel that the case presented no nonfrivolous issues for review. The court granted the Federal Public Defender's motion to withdraw and excused them from further responsibility in the matter.
The Eleventh Circuit dismissed the State of Georgia's appeal for lack of jurisdiction, declining to rule on whether a federal district court can grant a limited remand to allow a state to seek a superseding indictment. The court held that the district court's denial of the motion was not a final, appealable order under the collateral order doctrine or the injunction statute.
