Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit affirmed Tyreic Brewer's convictions for being a felon in possession of a firearm, rejecting his Second Amendment challenge under binding precedent. The court also upheld the 60-month sentence, finding it reasonable given Brewer's repeated offenses and history of obstructing justice.
The Fifth Circuit dismissed Jose Francisco Hernandez's criminal appeal after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief that identified no arguable grounds for reversal.
The Eleventh Circuit affirmed a thirty-six-month sentence for bank fraud and money laundering, rejecting the defendant's challenges to the sentencing guidelines calculations. The court found no plain error in the district court's application of the mass-marketing enhancement and its denial of a minor-role reduction.
The Fifth Circuit dismissed a criminal appeal after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief assessment.
The Eleventh Circuit dismissed Edward Lee Brown's appeal sua sponte because he filed his notice of appeal prematurely. The court held that a magistrate judge's report and recommendation is not a final judgment, and the district court's later adoption of that report cannot cure the defect of a premature filing.
The Sixth Circuit affirmed David Lynn Vannelli's 252-month sentence and the district court's rejection of his plea agreement, ruling that the judge acted within discretion given the egregious nature of the child exploitation offenses. The court held that a sentencing judge is not bound to accept a Rule 11(c)(1)(C) plea recommendation and may impose a higher sentence if the agreed-upon term is inadequate.
The Sixth Circuit affirmed Tony Wilkinson's conviction for felon in possession of a firearm, ruling that his extensive criminal history establishes he is dangerous under the Second Amendment. The court held that no remand was necessary because the record evidence indisputably showed Wilkinson posed a threat to the community.
The Sixth Circuit reversed the proceedings to address attorney Steven N. Howe's misconduct in filing briefs containing fabricated legal citations generated by artificial intelligence. The court vacated the appeal and ordered new counsel appointed to ensure a fair review of the defendant's sentencing challenge.
The Sixth Circuit vacated the district court's denial of a motion to terminate supervised release because the record failed to demonstrate that the court considered the mandatory sentencing factors. The panel held that a mere checkmark or referral to a probation report without explicit reasoning constitutes an abuse of discretion.
The Tenth Circuit affirmed Octavio Jimenez-Marquez's conviction for possessing firearms in furtherance of a drug-trafficking crime, finding the evidence sufficient under established factors. The court also rejected a constitutional vagueness challenge, clarifying that the 'in furtherance of' standard provides fair notice to defendants.
