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The Fifth Circuit affirmed the district court's dismissal of Northside Pharmacy's challenge to the DEA's suspension of its registration. The court held that the administrative record supported the agency's decision under the deferential standard of review required by the Administrative Procedure Act.
The Fifth Circuit affirmed the revocation of Maurice Coleman's supervised release and his 18-month prison sentence. The court held that Coleman's constitutional challenge to 18 U.S.C. § 3583(g) is foreclosed by its prior decision in United States v. Garner.
The Federal Circuit affirmed the dismissal of a veteran's motion to revise a prior Board order for clear and unmistakable error, holding that a prior judicial affirmance bars such revision. The court further ruled that a remand order is not a final decision subject to revision under the applicable regulations.
The Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate cause and prejudice to overcome the procedural default of his due process claim. Consequently, the court found the underlying sufficiency of the evidence claim unreviewable, leaving the conviction and sentence in effect.
The First Circuit affirmed summary judgment for Universal Insurance Company, holding that a Puerto Rico Supreme Court decision clarifying the scope of professional services exclusions applied retroactively to pending cases. The court rejected the appellant's argument that the intervening precedent created new law, finding instead that it merely clarified existing statutory interpretation.
The Eleventh Circuit affirmed a 97-month prison sentence for migrant smuggling, ruling that the district court did not violate the Sixth Amendment by considering acquitted conduct to apply sentencing enhancements. The court held that under binding precedent, acquitted conduct may be used at sentencing if proven by a preponderance of the evidence.
The Eleventh Circuit affirmed Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights. The court held that applying the correct one-frame-one-image rule would likely increase, rather than decrease, the total image count, meaning no prejudice existed.
The Tenth Circuit denied Scott William Wyban a certificate of appealability, ruling that his ineffective assistance of counsel claims lacked substantial grounds for relief. The court affirmed the district court's denial of his habeas petition, finding that trial counsel's strategic decisions were within the wide range of professionally competent assistance.
The Eleventh Circuit affirmed the denial of federal habeas relief, holding that the petitioner failed to demonstrate cause and prejudice to overcome the procedural default of his sufficiency-of-evidence claim. The court further ruled that the district court correctly lacked jurisdiction to consider a Rule 60(b) motion after the petitioner had filed a notice of appeal.
The Eleventh Circuit affirmed the denial of habeas relief, holding that the petitioner failed to demonstrate the cause and prejudice necessary to overcome a procedural default. The court further ruled that the district court correctly lacked jurisdiction over a post-appeal Rule 60(b) motion once a notice of appeal was filed.
