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The Ninth Circuit affirmed the denial of a writ of error coram nobis, holding that the defendant failed to prove prejudice from his counsel's alleged failure to warn him of immigration consequences. The court ruled that without contemporaneous evidence showing the defendant would have rationally rejected the plea to proceed to trial, the fundamental error standard was not met.
The Ninth Circuit denied Gurpreet Singh's petition for review of his asylum and withholding of removal claims because he failed to exhaust administrative remedies regarding an adverse credibility determination. The court further held that Singh lacked sufficient independent corroborating evidence to prove he faced a well-founded fear of persecution.
The First Circuit affirmed Rahim Shafa's convictions for money laundering and drug offenses but vacated his sentence for misdemeanor misbranding due to the District Court's failure to clarify why the fraud guideline applied. The court remanded the case for resentencing on that specific count to resolve ambiguities regarding the acquitted-conduct amendment.
The Fifth Circuit dismissed Marcus Guice's appeal after enforcing his plea agreement's appeal waiver. The court found the waiver was knowing, voluntary, and applicable to his challenge regarding a sentencing enhancement.
The Ninth Circuit affirmed a restitution order requiring a drug seller to compensate the estate of a purchaser who died from drug consumption. The court held that a buyer who consumes drugs for personal use is a valid victim under the Mandatory Victims Restitution Act and not a participant in the offense.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting a time-barred motion to reopen removal proceedings. The court upheld the BIA's finding that the petitioner failed to demonstrate material changes in Guatemala's country conditions sufficient to trigger the statutory exception.
The Eleventh Circuit affirmed a defendant's sentence and restitution order despite arguments regarding acquitted conduct. The court held that the district court's sentencing decision was reasonable and the restitution issue was waived under the law of the case doctrine.
The Fifth Circuit dismissed Marcus Guice's appeal after enforcing his plea agreement's waiver of appeal rights. The court held that the waiver was knowing and voluntary and its plain language barred Guice's challenge to a specific sentencing enhancement.
The Ninth Circuit affirmed the dismissal of Arthur Tsatryan's federal claims, ruling that his lawsuit functioned as an impermissible de facto appeal of prior state divorce judgments. The court held that the Rooker-Feldman doctrine barred federal review because the claims were inextricably intertwined with state court orders and lacked sufficient allegations of extrinsic fraud.
