United States v. Green
The Fifth Circuit affirmed a federal carjacking sentence of ninety-five months. The court held the district court did not abuse its discretion in imposing an upward variance from the advisory guidelines.
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The Fifth Circuit affirmed a federal carjacking sentence of ninety-five months. The court held the district court did not abuse its discretion in imposing an upward variance from the advisory guidelines.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that the claim was not procedurally barred under Arizona law despite the petitioner's failure to raise it in a prior petition.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a state prisoner challenging the timeliness of his federal habeas petition. The court found the petitioner failed to demonstrate that reasonable jurists would debate the district court's procedural ruling that his claim was time-barred.
The Fourth Circuit remanded the case to determine if the named plaintiffs have standing to seek injunctive relief for opioid use disorder treatment. The court affirmed the lower court's certification of a class seeking damages for the denial of such medical care.
The Sixth Circuit affirmed a summary judgment ruling in favor of dental school administrators sued for First Amendment retaliation. The court held that the plaintiff's speech regarding protective gear and workplace conditions did not address a matter of public concern.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state courts. The court held that it was unclear whether Arizona law would bar the claim in a second postconviction petition.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal filed by a pro se prisoner for lack of jurisdiction and duplicative litigation. The court found that the appellant had already appealed the primary orders and failed to timely appeal other procedural rulings.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal by a defendant challenging his firearm possession sentence. The court held that the defendant's valid appeal waiver in his plea agreement barred his claims of procedural and substantive unreasonableness.
The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a federal employee's Title VII claims against the Attorney General. The court held that the plaintiff failed to plead sufficient facts to establish that her harassment or termination was based on her sex or other protected characteristics.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that it is unclear whether Arizona procedural rules bar such a claim in a second post-conviction petition.