Topic
Every decision we've filed under Criminal.
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.
The Eleventh Circuit affirmed a 36-month prison sentence for a supervised release violation, rejecting the defendant's claim that the sentence was substantively unreasonable. The court held that the district court properly weighed the severity of the defendant's drug violations and his lack of candor regarding his treatment plan.
The Eleventh Circuit affirmed a 600-month sentence for child pornography production and distribution, rejecting the defendant's claim that the district court failed to weigh his voluntary cessation of conduct. The court held that the permanence of the images and the need for deterrence justified the sentence within the Guidelines range.
The Tenth Circuit affirmed Mackenzie Becker's convictions for firearms and drug offenses, rejecting his argument that the search warrant affidavit failed to establish probable cause linking a road-rage incident to his residence. The court also dismissed Becker's Second Amendment challenge as foreclosed by existing Tenth Circuit precedent.
The Third Circuit affirmed Brandyn Allen Seabreeze's conviction for possession of a firearm by a convicted felon, ruling that the traffic stop and subsequent search did not violate the Fourth Amendment. The court further held that Seabreeze had knowingly waived his right to appeal the sentencing calculation in his plea agreement.
The Eleventh Circuit affirmed Rodrick Maurice Hamilton's conviction for conspiracy and attempt to commit Hobbs Act robbery following an armed shootout at a convenience store. The court rejected Hamilton's challenges to jury instructions on flight, prosecutorial comments on his silence, juror misconduct, and a sentencing Guidelines departure without notice.
The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.
The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.