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The Sixth Circuit affirmed LaVaughn Odom's 192-month sentence for drug trafficking and firearm offenses, ruling that the district court did not commit procedural or substantive error. The court held that the sentence was reasonable despite being below the U.S. Sentencing Guidelines range.
The Sixth Circuit affirmed a 420-month prison sentence for Dustin Newsome, rejecting his challenge to the application of multiple sentencing enhancements for child pornography offenses. The court held that the district court properly calculated the Guidelines range and that the sentence was substantively reasonable given the severity of the crimes.
The Tenth Circuit enforced an appeal waiver in a plea agreement, dismissing the defendant's appeal as frivolous after a thorough review. The court granted the government's motion to enforce the waiver and allowed appointed counsel to withdraw.
The Tenth Circuit denied Maurice Moore's application to file a second or successive habeas corpus petition because he failed to meet the strict statutory requirements of the Antiterrorism and Effective Death Penalty Act. The court held that Moore's claims did not rely on a new retroactive rule of constitutional law nor did they present previously undiscoverable facts establishing actual innocence.
The Third Circuit affirmed Quaheem Bethea's 70-month sentence for felon-in-possession of a firearm, rejecting claims that the District Court failed to adequately consider his youth and impulse control. The court held that the sentencing judge's detailed discussion of Bethea's persistent criminal history satisfied the requirement to consider all relevant factors under 18 U.S.C. § 3553(a).
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement, dismissing his appeal as frivolous. The court found the waiver was valid and its enforcement would not result in a miscarriage of justice.
The Third Circuit reversed the District Court's denial of a motion to compel arbitration, holding that an employee's failure to opt out of a clearly written arbitration plan constitutes valid acceptance under New Jersey law. The court found that the employer's Plan Document alone formed a binding agreement to arbitrate all employment-related claims.
The Sixth Circuit affirmed summary judgment for Meharry Medical College, ruling that a resident physician failed to prove pretext in his FMLA retaliation claim. The court held that the college's stated reasons for suspending the doctor—unprofessional conduct and insubordination—were supported by evidence and not a cover for retaliation.
The Tenth Circuit denied a petition to overturn a federal ban on commercial air tours over Bandelier National Monument, ruling that the Agencies' plan was consistent with the National Parks Air Tour Management Act. The court held that the statutory standard for significant adverse impacts under the Air Tour Act differs from the environmental standard under NEPA, allowing the ban to stand despite a finding of no significant environmental impact.
The Eighth Circuit affirmed the district court's revocation of Charles Allen's supervised release and the imposition of a 21-month prison sentence. The court found no abuse of discretion, noting the sentence was within the Guidelines range and properly weighed relevant factors.
