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The Tenth Circuit denied a certificate of appealability and dismissed a federal habeas petition because the district court's ruling on the statute of limitations was not reasonably debatable. The court found the one-year filing deadline expired in 2002 and the petitioner's subsequent state filings did not toll the period.
The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.
The Eighth Circuit affirmed the sentence imposed on Toni Yeager for a drug offense, finding no abuse of discretion by the district court. The panel also granted counsel's motion to withdraw after an independent review revealed no non-frivolous issues for appeal.
The Tenth Circuit denied a petition for a writ of mandamus filed by Dr. Darrell L. Whitman, ruling that the extraordinary writ cannot substitute for established statutory remedies. The court held that judicial intervention cannot override the Executive Branch's absolute discretion to prosecute crimes or compel specific employment actions.
The Eleventh Circuit granted the Government's motion to dismiss an appeal because the defendant signed a valid plea agreement containing a sentence appeal waiver. The court held that such waivers are enforceable even when they cover debatable legal issues or procedural due process challenges, provided they were made knowingly and voluntarily.
The Tenth Circuit denied a petition for a writ of mandamus because the underlying motion for compassionate release was resolved by the district court while the appeal was pending. The court held that the request became moot once the lower court issued its ruling on the motion.
The Sixth Circuit affirmed David Lynn Vannelli's 252-month sentence and the district court's rejection of his plea agreement, ruling that the judge acted within discretion given the egregious nature of the child exploitation offenses. The court held that a sentencing judge is not bound to accept a Rule 11(c)(1)(C) plea recommendation and may impose a higher sentence if the agreed-upon term is inadequate.
The Sixth Circuit affirmed summary judgment for city officials, ruling that a former council member failed to prove his prosecution was retaliatory because he lacked probable cause to rebut the presumption of validity arising from a grand jury indictment. The court held that the official's undisclosed financial interest in a public contract negated any First Amendment protection, regardless of the government's motive.
The Third Circuit affirmed Christopher Miller's sentence for bank fraud and identity theft, ruling that while the District Court erred in its legal analysis of the Sentencing Guidelines, the mistake was harmless. The appellate court held that applying the correct ambiguity standard still supported the five-participant enhancement based on the aggregate involvement of participants and non-participants.
The Third Circuit affirmed summary judgment for Maserati because the plaintiffs failed to provide expert testimony proving a vehicle defect caused a garage fire. The court clarified that while expert testimony is not always required for complex instruments, it is necessary when the average juror cannot deduce the cause of failure without technical knowledge.
