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The Fifth Circuit affirmed a conviction for attempted murder but vacated the sentence due to an Ex Post Facto violation. The court held that the district court erred by applying a later Sentencing Guidelines Manual that increased the defendant's advisory range.
The Eighth Circuit affirmed a within-Guidelines-range sentence for a defendant who pleaded guilty to a firearm offense. The court rejected arguments that the district court erred in applying a cross-reference for attempted murder or in imposing a substantively unreasonable sentence.
The United States Court of Appeals for the Fourth Circuit has granted a petition for rehearing en banc in this civil dispute involving pharmaceutical manufacturers and state officials. The court has ordered the parties to file additional briefs and appendices within ten days.
The Seventh Circuit affirmed a district court's decision to revoke supervised release and impose a maximum sentence for a defendant who committed new robberies while on release. The court held that the district court did not impermissibly consider retribution when determining the revocation sentence.
The Eighth Circuit affirmed the sentence imposed on Anthony Dean Essing after he pleaded guilty to a drug offense. The court granted counsel's motion to withdraw under Anders v. California, finding no non-frivolous issues for appeal.
The Eighth Circuit dismissed an appeal filed by a defendant challenging his sentence for unlawful reentry. The court held that an enforceable appeal waiver covered the defendant's arguments and found no other non-frivolous issues.
The United States Court of Appeals for the Eighth Circuit affirmed a within-Guidelines sentence imposed on a defendant who pleaded guilty to drug-distribution and firearm offenses. The court found no substantive unreasonableness in the sentence and granted counsel leave to withdraw under Anders v. California.
The Eighth Circuit affirmed a district court's decision to revoke supervised release and impose a fourteen-month prison sentence. The court found no plain error in the sentencing factors considered and determined the sentence was not an abuse of discretion.
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.
The Eleventh Circuit granted the government's motion to dismiss an appeal based on a plea agreement waiver. The court enforced the waiver because the defendant knowingly and voluntarily gave up his right to appeal.
