UNITED STATES v. DIEGO FERNÁNDEZ-SANTOS
The First Circuit vacated a supervised release revocation sentence because the district court relied on extra-record evidence to find the defendant knowingly possessed a machine gun.
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The First Circuit vacated a supervised release revocation sentence because the district court relied on extra-record evidence to find the defendant knowingly possessed a machine gun.
The United States Court of Appeals for the Fifth Circuit affirmed a district court order requiring the return of two children to Canada under the Hague Convention. However, the appellate court vacated a preliminary injunction that had attempted to enjoin state court proceedings and direct a foreign tribunal to adjudicate the custody dispute.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a state prisoner seeking to challenge his convictions. The court dismissed the matter because the petitioner failed to argue against the district court's procedural rulings.
The United States Court of Appeals for the Eleventh Circuit affirmed the district court's denial of a motion for reconsideration filed by a litigant with a history of repetitive, barred lawsuits regarding a foreclosed property.
The United States Court of Appeals for the Fourth Circuit affirmed the sentence of a defendant convicted of drug-distribution conspiracy. The court found no reversible error in the district court's drug-quantity findings, role-in-the-offense enhancement, or denial of an acceptance-of-responsibility adjustment.
The Fourth Circuit affirmed the district court's dismissal of a civil complaint but modified the order to reflect a dismissal without prejudice. The court held that a lack of subject matter jurisdiction requires dismissal without prejudice rather than with prejudice.
The Eleventh Circuit affirmed the district court's denial of a compassionate release motion, finding no abuse of discretion in the determination that the defendant remained a danger to the community.
The Fifth Circuit affirmed the dismissal with prejudice of a petition to perpetuate testimony filed by a pro se plaintiff. The court held that the plaintiff failed to demonstrate why he could not file a lawsuit against the bank at the present time.
The Fifth Circuit affirmed the defendant's conviction for possession of an unregistered firearm while vacating a portion of the written judgment due to a clerical error. The court ordered the written sentence to be amended to match the district court's oral pronouncement regarding concurrent sentencing.
The United States Court of Appeals for the Federal Circuit affirmed a dismissal of a patent infringement complaint against a major bank. The court held that the plaintiff was barred from asserting the patent claim due to issue preclusion and failed to plausibly allege infringement.