Topic
Every decision we've filed under Criminal.
The Tenth Circuit affirmed Jerry Lana Freeman's 224-month sentence, ruling that the district court did not clearly err in relying on co-conspirator statements to calculate drug quantity. The court held that the Presentence Report's eight-kilogram estimate was supported by sufficient evidence, including the defendant's own admissions and corroborating testimony.
The Tenth Circuit affirmed the denial of a motion to dismiss a felon-in-possession indictment, holding that prior circuit precedent mandates upholding the statute against Second Amendment challenges. A panel court cannot overrule binding precedent, even if the defendant argues the prior felony was non-violent.
The Sixth Circuit affirmed Ricky House's 96-month sentence, ruling that his challenge to the large-capacity-magazine enhancement was forfeited because he invited the error by stipulating to its application below. The court further held that the district court adequately considered House's policy arguments regarding the enhancement when imposing a below-Guidelines sentence.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal after reviewing a motion by appointed counsel to withdraw. The court agreed that the appeal presented no nonfrivolous issues for review.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fourth Circuit affirmed the denial of Joseph Bourabah's motions to substitute counsel and withdraw his guilty plea, finding no abuse of discretion in the district court's handling of the requests. The court upheld a 100-month sentence for a severe cyberstalking campaign, ruling that the district court properly applied upward departures for the extreme psychological injury inflicted on the victims.
The Eighth Circuit affirmed the district court's denial of a motion to dismiss an indictment against a defendant charged with unlawful firearm possession as a controlled substance user. The court held that the defendant's Second Amendment challenge is foreclosed by binding circuit precedent.
The Eleventh Circuit affirmed a forty-eight-month prison sentence for a defendant convicted of conspiracy to defraud the United States. The court held that the district court acted within its discretion by imposing an upward variance based on the defendant's defiance of federal court orders and his central role in a large-scale tax fraud scheme.
The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed the appeal. The court found that the appointed attorney properly filed a brief under Anders v. California showing no nonfrivolous issues for review.
The Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release because he was sentenced after the relevant sentencing guideline amendment took effect. The court also dismissed the defendant's appeal regarding a final forfeiture order, ruling that he lacked standing since his property rights were already settled by the preliminary forfeiture order.