Topic
Every decision we've filed under Criminal.
The Fifth Circuit affirmed Vernell Woodard's conviction and sentence for firearm brandishing and aiding and abetting a crime of violence. The court held that any failure by the district court to warn Woodard about restitution authority was harmless error because he could not show he would have rejected his plea had he received the warning.
The Seventh Circuit affirmed a 48-month above-guidelines sentence for a defendant who facilitated a straw purchase of a firearm that was subsequently used to kill a police officer. The court held that the district court did not abuse its discretion in rejecting the standard sentencing guidelines for straw purchasers due to the severe consequences of the defendant's conduct.
The Fifth Circuit affirmed a sentence for bank fraud conspiracy where the district court applied vulnerable victim enhancements. The appellate court found the lower court's determination that older bank customers were unusually vulnerable was not clearly erroneous.
The Fifth Circuit granted appointed counsel's motion to withdraw, finding no nonfrivolous issues for direct appeal. However, the court dismissed the appeal without prejudice because the record was insufficient to fairly evaluate the defendant's ineffective assistance claims.
The Seventh Circuit affirmed a 48-month above-guidelines sentence for a defendant who facilitated a straw purchase that led to the death of a police officer. The court held that the district court acted within its discretion to reject the standard sentencing guidelines for straw purchasers based on the specific, violent consequences of the defendant's conduct.
The Tenth Circuit reversed the conviction of Thomas Edward Petro due to prosecutorial misconduct during closing arguments that improperly suggested the presumption of innocence had been eliminated before jury deliberations.
The Fourth Circuit affirmed in part and dismissed in part the appeal of Nikonda Taye Ingram, who pleaded guilty to conspiracy to distribute methamphetamine. The court enforced Ingram's valid appeal waiver and found no meritorious grounds for appeal under Anders v. California.
The Eleventh Circuit dismissed Ana Romero's appeal of her wire fraud conspiracy sentence because she knowingly and voluntarily waived her right to appeal in her plea agreement. The court found the waiver enforceable under Bushert standards and determined that Romero's arguments did not fall within any of the waiver's narrow exceptions.
The Fifth Circuit granted an appointed attorney's motion to withdraw from representing a criminal defendant after reviewing the record and finding no non-frivolous issues for appeal. Consequently, the court dismissed the appeal and excused counsel from further responsibilities.
The Seventh Circuit affirmed a 324-month sentence for drug trafficking, ruling that defense counsel's explicit agreement with the Presentence Report's drug quantity constituted a deliberate waiver of any challenge to those facts. The court held that strategic choices made during sentencing cannot be undone on appeal simply because they later appear unwise.