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The First Circuit affirmed the District Court's denial of Anthony Shea's request to vacate his federal firearms convictions, ruling that instructional errors regarding predicate crimes were harmless. The court also upheld the resentencing of Shea based on the erroneous application of the career offender guideline, which the government conceded no longer applied.
The Tenth Circuit affirmed the dismissal of a federal employee's Title VII claims for failure to exhaust administrative remedies, holding that he missed the mandatory 45-day reporting deadline for most alleged discriminatory acts. While the court upheld the summary judgment against the plaintiff, it remanded one specific issue regarding whether a later dismissal letter could retroactively exhaust an earlier investigation claim.
The Seventh Circuit affirmed the Army's denial of a former soldier's reenlistment application, ruling that federal military regulations prohibiting waivers for major misconduct override state expungement laws. The court held that the Army acted within its congressionally delegated authority and did not act arbitrarily or capriciously in rejecting the appellant's request.
The Eighth Circuit affirmed the sentence imposed on Kenneth Moore for being a felon in possession of a firearm, finding no abuse of discretion regarding the term of supervised release. The court also granted counsel leave to withdraw after an independent review found no non-frivolous issues for appeal.
The Third Circuit denied a petition for review of a final order of removal against a Haitian national, upholding the Immigration Judge's decision that his asylum claim was time-barred. The court further affirmed the denial of withholding of removal and Convention Against Torture relief due to insufficient evidence of specific persecution or torture.
The Third Circuit affirmed the Tax Court's summary judgment in favor of the IRS regarding unpaid taxes and frivolous return penalties. The court held that the appellant forfeited his claims by failing to present relevant arguments challenging the underlying collection actions.
The First Circuit affirmed a criminal contempt order against a witness who refused to testify despite receiving statutory immunity. The court held that the Fifth Amendment privilege does not protect a witness from being compelled to testify truthfully, even if they fear prosecution for perjury based on the content of their testimony.
The First Circuit affirmed Chang Goo Yoon's conviction for health care fraud, rejecting his challenges to evidentiary rulings regarding prior insurance investigations and sentencing enhancements. The court held that evidence of Yoon's knowledge of past investigations was probative of his specific intent and that the district court properly calculated intended loss and applied sentencing enhancements.
The Fourth Circuit vacated the sentence of a defendant convicted of drug trafficking and firearm possession due to a 'Rogers error' involving ambiguous supervised release conditions. The court held that the district court failed to clearly incorporate the correct standing order, creating a material discrepancy between the oral pronouncement and the written judgment.
The D.C. Circuit dismissed the appeal for lack of subject-matter jurisdiction because the District Court's order remanding the case to the agency was not a final decision. The court affirmed that the District Court correctly identified the core dispute regarding BLM's authority to conduct multiple gathers over a decade without new determinations, but held that the agency must first complete the required remedial steps on remand.
