United States v. Lively
The United States Court of Appeals for the Fifth Circuit affirmed a criminal sentence involving drug distribution. The court rejected the defendant's argument regarding a sentencing enhancement for maintaining a premises.
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The United States Court of Appeals for the Fifth Circuit affirmed a criminal sentence involving drug distribution. The court rejected the defendant's argument regarding a sentencing enhancement for maintaining a premises.
The Ninth Circuit affirmed the district court's denial of a motion for relief from judgment, holding that a judge was not required to recuse himself despite a personal conflict with attorneys in a different division of the United States Attorney's Office.
The Tenth Circuit affirmed the dismissal of a lawsuit brought by a student and her parents challenging a school district's COVID-19 mask mandate. The court held that the plaintiffs failed to state valid claims for compelled speech, retaliation, or due process violations under the First and Fourteenth Amendments.
The United States Court of Appeals for the Fourth Circuit reversed a district court order that remanded two state court actions to state court sua sponte, holding that the district court lacked statutory authority to remand on non-jurisdictional grounds without a timely motion from a party.
The Fifth Circuit affirmed a supervised release condition requiring mental health treatment. The court held that the district court did not clearly err in relying on the defendant's self-reported anxiety and depression.
The Ninth Circuit reversed a summary judgment denying relocation benefits to a Navajo applicant. The court held that substantial evidence supported the applicant's residence on Hopi Partitioned Lands despite an administrative enumeration.
The Tenth Circuit affirmed the conviction of a Customs and Border Protection officer who was found guilty of depriving a traveler of his rights and falsifying records. The court rejected the officer's due process claim that the government violated his rights by deleting a video of a separate incident under its standard retention policy.
The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment dismissing a Federal Tort Claims Act lawsuit against the Department of Veterans Affairs. The appellate court held that the plaintiff's claims were time-barred and that her gender discrimination claim was unexhausted.
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.