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The Tenth Circuit denied Erick Wanjiku's request to file a second or successive habeas corpus petition because his claims did not meet the strict statutory exceptions required by federal law. The court emphasized that Wanjiku's own motion admitted his claims failed to rely on a new rule of constitutional law or present previously undiscoverable facts establishing innocence.
The Tenth Circuit affirmed summary judgment for Chipotle, ruling that the plaintiff failed to provide sufficient evidence of pretext to support his age discrimination claim under the New Mexico Human Rights Act. The court held that the employer's stated reasons for termination—persistent pest infestations and widespread cleanliness failures—were legitimate and not a cover for age-based discrimination.
The Eighth Circuit affirmed the district court's revocation of supervised release and imposition of a 21-month prison sentence. The court held that the district court properly considered statutory sentencing factors and acted within its authority to require residence in a residential reentry center.
The Fifth Circuit affirmed summary judgment for a pest control company, holding that a customer provided prior express consent for pre-recorded calls by providing his phone number in a service contract. The court clarified that the TCPA statute requires only express consent for informational calls, rejecting the argument that written consent is mandatory for all pre-recorded calls.
The Eighth Circuit affirmed the revocation of Joe Franklin's supervised release and the imposition of a 36-month prison sentence, finding no plain procedural error in the district court's sentencing analysis. The court further held that the special condition requiring substance abuse treatment did not constitute an impermissible delegation of judicial authority.
The Eighth Circuit affirmed the sentence imposed on Kenneth Moore for being a felon in possession of a firearm, finding no abuse of discretion regarding the term of supervised release. The court also granted counsel leave to withdraw after an independent review found no non-frivolous issues for appeal.
The Seventh Circuit granted appointed counsel's motion to withdraw under Anders v. California, dismissing the appeal as frivolous. The court held that the defendant's broad plea agreement waiver barred his challenges and that no non-frivolous issues remained for review.
The Seventh Circuit granted appointed counsel's motion to withdraw and dismissed Kendall Guyton's appeal after determining the case was frivolous under Anders v. California. The court found no non-frivolous grounds to challenge Guyton's sex trafficking conviction or his 324-month sentence.
The Seventh Circuit granted appointed counsel's motion to withdraw, finding the defendant's appeal regarding the revocation of his supervised release to be frivolous. The court affirmed the district court's decision because the defendant waived key objections and the evidence supported the finding of domestic battery.
The Eighth Circuit affirmed the sentence imposed on Rosco Demar Lewis for drug offenses after an independent review found no non-frivolous issues to support his appeal. The court granted counsel's motion to withdraw under Anders v. California, concluding the district court did not abuse its discretion.
