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The United States Court of Appeals for the Eleventh Circuit issued an order in this civil matter. The disposition remains pending as the document is incomplete.
The Ninth Circuit affirmed a forty-month sentence for transporting aliens, rejecting claims that the district court failed to properly apply the advisory Sentencing Guidelines. The court held that the judge adequately explained the upward variance and considered statutory factors without committing procedural error.
The Ninth Circuit affirmed the denial of qualified immunity for a police officer who fatally shot an unarmed individual. The court held that viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could find the use of deadly force violated clearly established law.
The D.C. Circuit dismissed Indiana's appeal of a district court order remanding a Medicaid dispute to HHS because the remand order was not a final decision under 28 U.S.C. § 1291. The court held that the order left the core dispute unresolved for further agency proceedings, and no exceptions to the finality rule applied.
The Eleventh Circuit held that a plaintiff is entitled to equitable tolling of the 90-day statutory filing period for a Title VII claim when an extraordinary circumstance, such as a hurricane, delays delivery of a complaint despite the plaintiff's reasonable diligence. The court vacated the district court's dismissal and remanded the case for further proceedings.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States v. Balentine. Judgment has been entered in accordance with the court's decision.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Michael Villecco as procedurally improper. The court held that the matter was not a separately appealable order and should have been raised in the underlying appeal.
The Ninth Circuit reversed and remanded an immigration judge's denial of asylum and withholding of removal due to an unsupported adverse credibility determination. The court held that the Board of Immigration Appeals relied on record errors that undermined its finding that the petitioner was not credible.
The United States Court of Appeals for the Third Circuit summarily denied a petition for review of a Board of Immigration Appeals order dismissing an asylum claim. The court agreed with the Government that the petition presented no substantial question regarding the nexus between the alleged threats and a protected ground.
The Seventh Circuit affirmed a drug trafficking sentence where the district court relied on the defendant's own post-arrest statements to calculate drug quantities. The court held that self-incriminating statements made by a defendant are sufficiently reliable for sentencing even if the defendant claims they were made while under the influence.
