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The Fifth Circuit affirmed Vernell Woodard's conviction and sentence for firearm brandishing and aiding and abetting a crime of violence. The court held that any failure by the district court to warn Woodard about restitution authority was harmless error because he could not show he would have rejected his plea had he received the warning.
The Fourth Circuit dismissed Yu Hin Chan's appeal because he failed to file specific objections to the magistrate judge's recommendation after receiving proper notice. This failure forfeited his right to appellate review of the district court's dismissal for failure to state a claim.
The Ninth Circuit affirmed summary judgment for the government, holding that the statutory marriage fraud bar applies even when no immigration benefit was actually sought in the prior fraudulent marriage. The court further ruled that USCIS satisfied due process requirements by relying on an ex-spouse's testimony without cross-examination, given the presence of independent evidence and the administrative burden of such hearings.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act for drug trafficking within a foreign nation's exclusive economic zone. The court rejected challenges regarding statutory jurisdiction, foreign cooperation, and due process rights.
The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of nine consolidated civil actions filed by Miyuki Maureen Johnson against various creditors and utilities. The court held that the district court correctly determined the claims were frivolous and relied on a sovereign citizen theory to avoid debt repayment.
The Fourth Circuit affirmed in part and dismissed in part the appeal of a defendant convicted of Hobbs Act robbery and firearm offenses. The court held that the defendant's appellate waiver was valid and enforceable, barring review of the sentence, while finding no plain error in the acceptance of his guilty plea.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a civil rights complaint filed by Erwin Eugene Semien. The court held that the plaintiff failed to adequately allege claims for conspiracy to deny due process or equal protection under the Fourteenth Amendment.
The Tenth Circuit reversed the district court's denial of the City of Aurora's motion to dismiss, holding that an officer on administrative leave lacked the actual authority required to act under color of law. The court clarified that under the Supreme Court's decision in Lindke v. Freed, apparent authority or subjective belief is insufficient to establish state action for a Section 1983 claim.
The Fifth Circuit granted appointed counsel's motion to withdraw, finding no nonfrivolous issues for direct appeal. However, the court dismissed the appeal without prejudice because the record was insufficient to fairly evaluate the defendant's ineffective assistance claims.
The Fourth Circuit affirmed the dismissal of a plaintiff's Bivens claim, ruling that the complaint failed to allege sufficient facts to establish a cognizable constitutional violation. The court further held that the U.S. Attorneys involved were protected by absolute prosecutorial immunity from liability.
