Topic
Every decision we've filed under Criminal.
The Eleventh Circuit affirmed the district court's denial of a motion for sentence reduction filed by a defendant convicted of armed bank robbery. The court held that the district court properly weighed sentencing factors and did not abuse its discretion in maintaining an upward variance based on the use of a weapon.
The Eleventh Circuit affirmed a 48-month prison sentence for a tax fraud conspirator, rejecting claims that the district court failed to properly weigh sentencing factors. The appellate court held that the lower court's upward variance was justified by the defendant's disregard for court orders and his central role in a large-scale fraud scheme.
The Fourth Circuit affirmed Gary Duane Cool's conviction for methamphetamine trafficking, finding no plain error in the district court's acceptance of his guilty plea. The court held that the magistrate judge fully complied with Federal Rule of Criminal Procedure 11, ensuring the plea was knowing, voluntary, and supported by a sufficient factual basis.
The Eleventh Circuit summarily affirmed a twenty-seven-month sentence for possession with intent to distribute methamphetamine. The court held that prior Georgia methamphetamine convictions qualify as controlled substance offenses under the Sentencing Guidelines regardless of federal definitions.
The Fifth Circuit granted a motion by appointed counsel to withdraw from representing Luis Diaz Jr. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Eleventh Circuit summarily affirmed Joshua York's 270-month sentence, ruling that his prior Georgia methamphetamine convictions qualify as controlled substance offenses under the Sentencing Guidelines. The court held that its prior decision in United States v. Kennedy forecloses York's challenge regarding the definition of controlled substances.
The Fourth Circuit affirmed an 18-month supervised release revocation sentence, applying a deferential abuse-of-discretion standard to the district court's decision. The court held that the sentence was procedurally and substantively reasonable given the defendant's repeated violations and the district court's adequate explanation of its reasoning.
The Third Circuit affirmed a summary judgment ruling that granted qualified immunity to a state trooper who omitted self-defense evidence from a probable cause affidavit. While the court established that officers must disclose known facts showing self-defense negates the mental state of charged crimes, it found the law was not clearly established at the time of the incident.
The Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Jose Negron-Cardona. The court dismissed the appeal after finding no nonfrivolous issues for review.
The Eleventh Circuit affirmed Wilber Vigil-Benitez's conviction for murder in aid of racketeering, ruling that the district court's jury instructions on motive and participation were legally correct. The court held that the defendant waived his challenge to the motive instruction by expressly accepting it and that the refusal to give a separate "mere presence" instruction was proper because the aiding-and-abetting charge already covered the defense theory.