Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit dismissed a pro se appeal filed by Jutaurio Clemons as duplicative of a previously pending appeal regarding his conviction and sentencing. The court held that Clemons lacks standing to challenge a post-judgment forfeiture order because his interest in the property was extinguished by the earlier preliminary order.
The Eleventh Circuit granted the Government's motion to dismiss an appeal because the defendant signed a valid plea agreement containing a sentence appeal waiver. The court held that such waivers are enforceable even when they cover debatable legal issues or procedural due process challenges, provided they were made knowingly and voluntarily.
The Fifth Circuit affirmed a 162-month prison sentence for a felon in possession of a firearm, rejecting arguments regarding sentencing enhancements. Because the defendant failed to preserve his objections in the district court, the appellate court reviewed the case only for plain error and found no clear mistake.
The Fifth Circuit dismissed the criminal appeal of Erick Roman Gonzalez after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief analysis.
The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.
The Fifth Circuit dismissed an appeal from a Southern District of Texas criminal conviction after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief and the defendant's failure to file a response.
The Fifth Circuit affirmed Job Jasso, Jr.'s conviction for possessing firearms in furtherance of drug trafficking, rejecting his claim that the evidence was insufficient. The court held that the proximity of loaded handguns to fentanyl pills was enough for a reasonable juror to find the required intent.
The Fifth Circuit affirmed Pedro Delgado-Ramirez's conviction for illegal reentry, rejecting his challenge to a statutory sentencing enhancement. The court held that the defendant's argument was foreclosed by the Supreme Court's precedent in Almendarez-Torres v. United States.
The Tenth Circuit affirmed the district court's denial of a motion to suppress evidence found in a vehicle, ruling that officers possessed probable cause to search the SUV. The court held that the totality of circumstances, including the smell of burnt marijuana, inconsistent travel stories, and the driver's nervousness, established a fair probability of finding contraband.
The Tenth Circuit denied a petition for a writ of mandamus because the underlying motion for compassionate release was resolved by the district court while the appeal was pending. The court held that the request became moot once the lower court issued its ruling on the motion.
