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The Eleventh Circuit affirmed an eighty-four-month sentence for a defendant who assaulted two crew members on a commercial fishing vessel while under the influence of methamphetamine. The court held that the district court did not abuse its discretion in imposing an upward variance due to the egregious nature of the conduct.
The United States Court of Appeals for the Sixth Circuit certified two questions of Ohio law to the Supreme Court of Ohio regarding the voluntary-payment defense in consumer lending disputes. The court addressed whether a bank could bar recovery for breach of contract when customers paid a flat fee while unaware of the actual annual percentage rate.
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 United States Court of Appeals for the Ninth Circuit affirmed the conviction of Sydaniel Gordon Sampson for possession of a firearm by a prohibited possessor. The court held that Sampson's Second Amendment challenge to the statute was foreclosed by prior binding precedent.
The Eleventh Circuit affirmed the district court's revocation of Jutaurio Clemons's supervised release. The court held that the district court did not abuse its discretion in admitting the victim's out-of-court identification despite the victim's initial confusion.
The United States Court of Appeals for the Sixth Circuit certified two questions of Ohio law to the Supreme Court of Ohio regarding the voluntary-payment defense in consumer lending disputes. The court determined that existing state precedents are too unsettled to allow a federal court to guess how the defense applies to contracts with conflicting price terms.
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 Ninth Circuit affirmed the dismissal of a pro se plaintiff's Section one thousand nine hundred eighty-three action alleging due process violations regarding workers' compensation benefits. The court held that the claims were barred by issue preclusion because the key issues were already litigated and decided in a prior federal action.
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.
The Sixth Circuit remanded the case to the district court for further jurisdictional discovery because the parties failed to adequately plead facts necessary to establish diversity jurisdiction under 28 U.S.C. Section 1332.
