United States v. Gamboa-Saenz
The Tenth Circuit granted counsel's motion to withdraw under Anders v. California and dismissed the appeal as frivolous.
Topic
Every decision we've filed under Constitutional.
The Tenth Circuit granted counsel's motion to withdraw under Anders v. California and dismissed the appeal as frivolous.
The Eleventh Circuit affirmed a conviction for drug trafficking and firearm possession, rejecting a challenge to a prolonged traffic stop and warrantless vehicle search. The court held that officer testimony regarding the smell of marijuana provided both reasonable suspicion to extend the stop and probable cause to search the vehicle under the automobile exception.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order prohibiting a convicted sex trafficker from contacting a victim. The appellate court found no abuse of discretion in the lower court's determination that the defendant's attempts to reach the victim served no legitimate purpose.
The United States Court of Appeals for the Fifth Circuit reversed a district court grant of federal habeas relief to a Texas prisoner. The appellate court held that the prisoner failed to demonstrate the prejudice necessary to overcome a procedural default in state court regarding DNA evidence claims.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a federal prisoner challenging his sentence. The court found that reasonable jurists would not debate the district court's rulings on the prisoner's Fourth Amendment and ineffective assistance claims.
The Tenth Circuit affirmed the denial of a motion to correct a clerical error in a criminal judgment. The court held that the requested change would constitute a substantive modification rather than a clerical correction under Federal Rule of Criminal Procedure thirty-six.
The Eleventh Circuit affirmed the denial of a federal prisoner's motion to vacate his sentence. The court held that trial counsel was not ineffective for failing to argue that a parole condition waiving warrantless searches did not extend to suspicionless searches.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a federal prisoner challenging his custody. The court found the petitioner failed to demonstrate a nonfrivolous issue showing that the statutory remedy under section two thousand two hundred fifty-five was inadequate or ineffective.
The Tenth Circuit affirmed the conviction of a father for transporting his minor daughter across state lines with intent to engage in sexual activity. The court clarified that the statute requires proof of intent, not a dominant purpose, and held that unchallenged family testimony sufficed to prove the defendant was a non-Indian.
The United States Court of Appeals for the Federal Circuit dismissed the appeal in this constitutional challenge against the Department of Health and Human Services. The parties agreed to the dismissal, and each side will bear its own costs.