United States v. Miclaus
The Sixth Circuit affirmed the imposition of restitution on resentencing but vacated and remanded the specific amount for further proceedings.
Topic
Every decision we've filed under Constitutional.
The Sixth Circuit affirmed the imposition of restitution on resentencing but vacated and remanded the specific amount for further proceedings.
The Ninth Circuit affirmed the denial of a federal prisoner's habeas corpus petition challenging a prison disciplinary proceeding. The court held that the prisoner failed to demonstrate any collateral consequences or abridged fundamental constitutional rights resulting from the timing of a disciplinary report.
The Ninth Circuit affirmed a district court order granting a special motion to strike under California's anti-SLAPP statute. The panel held that the defendant's conduct was protected speech and that the plaintiff failed to state a plausible claim of unlawful action.
The Eighth Circuit denied an application for authorization to file a second or successive habeas motion. The court held that the petitioner's claim regarding his career-offender sentence was not successive because it arose from a recent expungement of prior convictions.
The First Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that the relators failed to plead fraud with the particularity required by Federal Rule of Civil Procedure nine point B.
The Eleventh Circuit affirmed the dismissal of Michael Townes's complaint seeking relief from civil disabilities arising from his federal conviction. The court held that Townes lacked Article III standing and that his claims were premature under the rule established in Heck v. Humphrey.
The United States Court of Appeals for the Eleventh Circuit affirmed the denial of a habeas corpus petition filed by a Florida prisoner. The court held that the petitioner failed to demonstrate prejudice from his trial counsel's alleged failure to retain expert witnesses.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal by a federal prisoner seeking relief under a motion filed under Section twenty-eight U.S.C. Section two thousand two hundred fifty-five. The court concluded that the appellant failed to make the requisite showing to obtain a certificate of appealability.
The Fourth Circuit dismissed an appeal by a state prisoner seeking relief from a district court order denying his habeas corpus petition. The court found the prisoner failed to demonstrate a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Carl William Murdaugh challenging the denial of his federal habeas corpus motion. The court held that Murdaugh failed to make the requisite showing to obtain a certificate of appealability.