Berger v. Shopa, et al.
The Ninth Circuit affirmed a district court judgment dismissing a pro se plaintiff's federal and state law claims. The appellate panel held that the claims were barred by the Rooker-Feldman doctrine or lacked standing.
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The Ninth Circuit affirmed a district court judgment dismissing a pro se plaintiff's federal and state law claims. The appellate panel held that the claims were barred by the Rooker-Feldman doctrine or lacked standing.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a motion for compassionate release. The panel found no reversible error in the lower court's decision.
The Eleventh Circuit affirmed an eighty-four-month sentence for a defendant who assaulted two crew members on a commercial fishing vessel while under the influence of methamphetamine. The court held that the district court did not abuse its discretion in imposing an upward variance due to the egregious nature of the conduct.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of a convicted felon for possession of ammunition. The court granted the government's motion for summary affirmance because the appellant's constitutional challenges were foreclosed by existing precedent.
The United States Court of Appeals for the Fifth Circuit granted a stay of a preliminary injunction pending appeal in a challenge to a Texas law restricting public investment. A concurring opinion by Judge James C. Ho emphasized that the statute regulates conduct rather than speech and aligns with Supreme Court precedent on nondiscrimination conditions for public funds.
The First Circuit affirmed a forty-eight-month prison sentence for a defendant who violated a plea agreement by possessing a machinegun while on supervised release. The court held that the government did not breach its plea agreement by advocating for a high-end sentence within the agreed range while citing community violence concerns.
The United States Court of Appeals for the District of Columbia Circuit vacated a lower court dismissal regarding an arbitral award confirmation but affirmed the dismissal of a foreign judgment recognition claim. The ruling clarifies that the Foreign Sovereign Immunities Act arbitration exception does not extend to actions seeking recognition of foreign court judgments.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Mark Owen Garraway for transporting illegal aliens. The court held that the evidence was sufficient to support the jury's finding that Garraway knew the individuals were aliens.
The Eleventh Circuit affirmed the dismissal of a lawsuit challenging Air Force COVID-19 vaccine mandates as moot. The court held that because the mandates were rescinded and the complaint targeted only those specific orders, no live controversy remained for judicial review.
The United States Court of Appeals for the District of Columbia Circuit affirmed the sentence of a drug trafficker who argued for a reduced sentencing range. The court held that the district court properly applied the preponderance of the evidence standard and correctly denied a zero-point-offender reduction.