Margarito Ramirez-Aguilar v. U.S. Attorney General
The Eleventh Circuit denies a petition for review challenging a finding that a Florida community control sentence constitutes a term of imprisonment under the Immigration and Nationality Act.
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The Eleventh Circuit denies a petition for review challenging a finding that a Florida community control sentence constitutes a term of imprisonment under the Immigration and Nationality Act.
The First Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that the relators failed to plead fraud with the particularity required by Federal Rule of Civil Procedure nine point B.
The Eleventh Circuit affirmed the convictions of three defendants under the Maritime Drug Law Enforcement Act for trafficking cocaine on a vessel without nationality. The court rejected challenges to subject matter jurisdiction and the substantive reasonableness of the sentence.
The Tenth Circuit affirmed a conviction for sexual abuse after the defendant conceded he could not prove the jury instruction was clearly erroneous. The court held that the district court's use of a modified Allen charge did not constitute plain error under the applicable standard.
The Eleventh Circuit affirmed the convictions of three defendants under the Maritime Drug Law Enforcement Act. The court held that the vessel was subject to United States jurisdiction because the claimed nation of registry failed to affirmatively assert the vessel's nationality.
The Eleventh Circuit reversed a district court judgment that reduced a sex discrimination damages award based on a waived affirmative defense. The court held that the employer failed to plead the employee headcount cap, entitling the plaintiff to the combined statutory maximums under federal and state law.
The Eleventh Circuit affirmed the dismissal of Michael Townes's complaint seeking relief from civil disabilities arising from his federal conviction. The court held that Townes lacked Article III standing and that his claims were premature under the rule established in Heck v. Humphrey.
The Tenth Circuit affirmed the dismissal of a defendant's motion to reduce his sentence based on a Sentencing Commission amendment. The court held that the defendant waived his challenge by failing to explain why the district court's reasoning was incorrect.
The United States Court of Appeals for the Fifth Circuit affirmed a district court's grant of summary judgment dismissing an employment discrimination lawsuit. The court held that the plaintiff failed to provide sufficient evidence to prove that her termination was pretext for race or sex discrimination or retaliation.
The United States Court of Appeals for the Fourth Circuit affirmed an eighty-month prison sentence for a convicted felon found in possession of a firearm. The court held that the district court did not abuse its discretion in upwardly departing from the Sentencing Guidelines based on the defendant's serious uncounted criminal history.