Correspondent
Capitol Hill correspondent, covers legislative and political stories.
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.
The Fourth Circuit vacated a preliminary injunction that had allowed student-athletes to play despite the NCAA's JUCO Rule, holding that the district court applied the wrong legal standard. The appellate court ruled that eligibility rules must be analyzed under the full 'rule of reason' framework rather than a simplified quick-look approach, requiring a complete factual record before determining if the rules unreasonably restrain trade.
The Third Circuit affirmed Christopher Miller's sentence for bank fraud and identity theft, ruling that while the District Court erred in its legal analysis of the Sentencing Guidelines, the mistake was harmless. The appellate court held that applying the correct ambiguity standard still supported the five-participant enhancement based on the aggregate involvement of participants and non-participants.
The First Circuit affirmed Kevin Lee Ross's conviction for possessing child pornography, ruling that the district court properly admitted graphic exhibits despite a joint stipulation. The court held that the evidence was necessary to prove Ross's knowledge of the illicit material, which he denied, and that its probative value was not substantially outweighed by unfair prejudice.
The Fifth Circuit affirmed William Robert Shepherd III's conviction for possessing an unregistered short-barreled shotgun, ruling that his Second Amendment challenges are foreclosed by controlling precedent. The court held that because the statute remains constitutional as applied to short-barreled shotguns, Shepherd's facial challenge to the law must also fail.
The Ninth Circuit affirmed the sentences and restitution orders for three defendants who conspired to defraud their employer, rejecting arguments that the district court erred in calculating loss amounts higher than those stipulated in their plea agreements. The court held that the district judge acted within its discretion to question witnesses and rely on presentence investigation reports to determine the true financial harm.
The Fourth Circuit dismissed an appeal from a district court's denial of a habeas corpus petition because the petitioner failed to meet the statutory threshold for appellate review. The court held that the prisoner did not make a substantial showing that reasonable jurists could find the lower court's assessment of his constitutional claims debatable or wrong.
The Fifth Circuit remanded the case to correct a clerical error in the Presentence Investigation Report that retained an inapplicable obstruction of justice enhancement. The court ordered the district court to amend the record to ensure official documents accurately reflect the sentencing proceedings without altering the defendant's conviction or sentence.
The Eleventh Circuit granted the Government's motion to dismiss Rachael Byrd's appeal, enforcing the sentence-appeal waiver contained in her plea agreement. The court held that such waivers remain binding if made knowingly and voluntarily, regardless of any sentencing comments or alleged legal errors raised by the appellant.
