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The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm restrictions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar claims challenging the statutes themselves, even when those statutes were applied in a state-court proceeding.
The Tenth Circuit affirmed Nelly Idowu's conviction and sentence, rejecting her claim that the district court misapplied sentencing guidelines for money laundering. The court held that because Idowu failed to object to the guideline calculation at sentencing, she could only succeed by showing plain error, which she could not establish.
The Third Circuit affirmed a district court ruling that barred a pension fund from collecting withdrawal liability because it failed to notify the employer as soon as practicable. The court held that this timeliness requirement is an independent statutory element of the claim, not a waivable defense subject to mandatory arbitration.
The Eighth Circuit affirmed the district court's revocation of Charles Allen's supervised release and the imposition of a 21-month prison sentence. The court found no abuse of discretion, noting the sentence was within the Guidelines range and properly weighed relevant factors.
The Fifth Circuit affirmed the conviction of a convicted felon for firearm possession, ruling that an officer had reasonable suspicion to frisk a paralyzed passenger after observing a weapon in the driver's lap. The court further held that a defendant's stipulation to a prior felony conviction satisfies the statutory element of a prior conviction punishable by imprisonment exceeding one year.
The Third Circuit dismissed a petition for a writ of mandamus as moot because the District Court ruled on the underlying habeas petition after the mandamus was filed. The court held that since the petitioner received all the relief he sought, no live controversy remained.
The Third Circuit affirmed the District Court's denial of Progressive Specialty Insurance Co.'s motions because the insurer failed to timely raise the household vehicle exclusion as an affirmative defense. The court held that the legal basis for the exclusion was settled law at the time of the initial answer, rendering Progressive's delay undue.
The Third Circuit clarified that battered child relief is available if the abuser becomes a lawful permanent resident after the abuse occurs, rejecting a prior Board of Immigration Appeals interpretation. However, the court affirmed the denial of standard cancellation of removal because the record supports the finding that the petitioner's mother would not suffer exceptional hardship.
The Third Circuit denied a petition for review of a Board of Immigration Appeals decision that rejected an asylum claim based on a lack of nexus between the petitioner's harm and his status as a cooperating witness. The court upheld the finding that the petitioner was targeted for financial extortion rather than because of his membership in a particular social group.
