Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Eleventh Circuit dismissed an appeal challenging a magistrate judge's order finding the defendant incompetent to stand trial. The court ruled that the order was not final because the defendant had filed a pending motion to vacate it in the district court.
The Eleventh Circuit affirmed a federal sentence of 24 months for supervised release violations, ruling that the district court properly ordered it to run consecutively to an existing state sentence. The court held that federal judges retain broad discretion to select consecutive sentences and that the Sentencing Guidelines explicitly favor this approach for release violations.
The Eleventh Circuit affirmed Christopher Stanton Jr.'s convictions for possessing a firearm in furtherance of a drug trafficking crime and as a convicted felon. The court rejected Stanton's novel Second Amendment challenge, ruling that binding precedent forecloses the argument regarding felon possession while the drug trafficking enhancement argument failed to meet the plain error standard.
The Eleventh Circuit affirmed Arthur Young's 168-month sentence for felon in possession of a firearm, rejecting all five sentencing enhancement challenges. The court held that the district court properly applied the Sentencing Guidelines and that the sentence was substantively reasonable given the danger Young posed to society.
The Eleventh Circuit affirmed the denial of a federal prisoner's motion for sentence reduction, ruling that time served and rehabilitation efforts do not constitute extraordinary and compelling reasons. The court granted the government's motion for summary affirmance, noting the appeal was frivolous given the defendant's prior unsuccessful attempts to raise these same claims.
The First Circuit affirmed a fifty-seven-month sentence for conspiracy to traffic firearms, rejecting the appellant's argument that the district court erred by applying a sentencing enhancement based on a co-conspirator's out-of-court statements. The court held that the district court did not abuse its discretion in determining the reliability of the co-conspirator's testimony regarding the defendant's role in the scheme.
The Tenth Circuit enforced a defendant's appeal waiver, dismissing his challenges to a criminal contempt conviction and sentence. The court held that the defendant failed to prove the government breached the plea agreement or that enforcing the waiver would result in a miscarriage of justice.
The Fifth Circuit affirmed Marshall Grace's conviction for drug conspiracy, ruling that he failed to prove purposeful racial discrimination under Batson v. Kentucky. The court held that the district court's assessment of the prosecutor's credibility regarding a race-neutral reason for striking a juror was not clearly erroneous.
The Eleventh Circuit affirmed Kimberly Kiehl's conviction and sentence, ruling that her prior failure to object to the magistrate judge's report waived her challenge to the voluntariness of her guilty plea. The court further held that the sentence appeal waiver was enforceable because the magistrate judge explicitly explained its scope during the plea colloquy.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after reviewing the record. The court found no nonfrivolous issues for appellate review under the standard established in Anders v. California.
