Topic
Every decision we've filed under Criminal.
The Sixth Circuit affirmed the denial of a motion to suppress a firearm found in a defendant's vehicle, holding that officers had probable cause under the automobile exception. The court ruled that the totality of circumstances, including witness accounts of a domestic assault and the suspect's flight, justified the warrantless search.
The Eleventh Circuit affirmed a 168-month sentence for firearm possession by a convicted felon, rejecting claims that the sentence was procedurally or substantively unreasonable. The court held that the district court did not clearly err in finding the defendant contributed to his girlfriend's death during a high-speed chase and that the upward variance was justified under the abuse-of-discretion standard.
The Eleventh Circuit dismissed Juan Sebastian Perez's appeal of his 360-month sentence because he signed a knowing and voluntary plea agreement containing an enforceable waiver of his right to appeal. The court found the waiver barred Perez's challenge to the sentence's reasonableness and the district court's consideration of sentencing factors.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representation after an independent review found no arguable issues of merit for the appeal. The court affirmed the district court's denial of the defendant's motion for sentence reduction under 18 U.S.C. § 3582(c)(2).
The Ninth Circuit affirmed a forty-month sentence for transporting aliens, rejecting claims that the district court failed to properly apply the advisory Sentencing Guidelines. The court held that the judge adequately explained the upward variance and considered statutory factors without committing procedural error.
The Eleventh Circuit affirmed the convictions and sentences of Andrea Mitchell and Lester Best, rejecting challenges to the sufficiency of evidence for aggravated identity theft and wire fraud. The court further upheld a four-level sentencing enhancement for Best, finding he acted as an organizer or leader of the fraudulent scheme.
The Eleventh Circuit dismissed an appeal sua sponte because the defendant had not yet been convicted or sentenced. The court held that the district court's order denying a motion to dismiss was not a final judgment eligible for immediate review.
The Eleventh Circuit affirmed the defendant's convictions for drug conspiracy and possession aboard a vessel subject to U.S. jurisdiction under the Maritime Drug Law Enforcement Act. The court rejected all constitutional challenges regarding the statute's reach in exclusive economic zones and its definition of stateless vessels.
The Eleventh Circuit affirmed Brandon Oliver's conviction for possessing a firearm as a convicted felon, rejecting his Second Amendment challenge to the federal statute. The court held that longstanding prohibitions on felons possessing firearms remain presumptively lawful under the Second Amendment despite recent Supreme Court rulings.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representing LaRonce Howell after an independent review found no arguable issues for appeal. The court affirmed Howell's conviction and sentence based on this assessment.