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The Fifth Circuit affirmed Julius Augillard's 70-month sentence, ruling that his prior state conviction qualified as a controlled substance offense under the realistic probability test. However, the court vacated part of the judgment because the district court failed to orally pronounce a discretionary supervised release condition that appeared in the written order.
The Fourth Circuit dismissed a prisoner's appeal because he failed to obtain a certificate of appealability. The court held that the prisoner did not make a substantial showing that reasonable jurists could find the district court's procedural ruling debatable or wrong.
The D.C. Circuit denied Evergreen Shipping's petition for review, upholding the Federal Maritime Commission's order that detention charges levied during a port closure were unjust and unreasonable. The court affirmed that the Commission reasonably applied the Shipping Act's incentive principle to conclude that fees cannot promote freight fluidity when equipment cannot physically be returned.
The Third Circuit affirmed the dismissal of Aaron Lyons's habeas petition, ruling that his claim based on the Supreme Court's Rehaif decision was procedurally defaulted. The court held that the legal argument regarding knowledge of conviction status was reasonably available when Lyons pleaded guilty, and he failed to demonstrate actual innocence to excuse the default.
The Eleventh Circuit affirmed the denial of Stacy Terry's motions to vacate a prior judgment, ruling that she failed to prove the underlying decision was void. The court held that Terry's arguments regarding counsel conflicts and misidentified defendants were meritless and had already been rejected on direct appeal.
The Sixth Circuit denies petitions for review, affirming that Arch Resources remains liable for black lung benefits under the Black Lung Benefits Act despite selling its subsidiary in 2005. The court holds that because the petitioners conceded their arguments were identical to those rejected in a 2024 published decision, the prior ruling binds the panel and precludes relief.
The Fifth Circuit granted an appointed attorney's motion to withdraw and dismissed the defendant's appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case lacked arguable grounds for reversal under the *Anders* standard.
The Fourth Circuit denied a certificate of appealability and dismissed Tony Bryan Smith's habeas appeal because he failed to meet the statutory requirements for challenging a procedural dismissal. The court found that Smith did not demonstrate that the district court's ruling on the successive nature of his petition was debatable or that he substantially showed a denial of a constitutional right.
The Ninth Circuit dismissed a petition for review of a BIA denial of cancellation of removal, holding it lacked jurisdiction over discretionary hardship determinations and factual findings. The court further rejected a claim regarding a defective Notice to Appear because the petitioner failed to exhaust the argument before the agency.
The First Circuit reversed the dismissal of a wrongful death claim against Premier Parks, LLC, finding that public statements and operational intermingling created a genuine dispute regarding personal jurisdiction. Conversely, the court affirmed the dismissal against EPR Properties, ruling that the plaintiffs failed to provide evidence linking the real estate trust to the hotel's marketing or booking activities in Massachusetts.
