Topic
Every decision we've filed under Criminal.
The Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release. The court held that the district court did not abuse its discretion in finding the defendant remained a danger to the public despite his chronic kidney disease.
The Sixth Circuit affirmed a carjacking sentence where the defendant claimed entitlement to a sentencing reduction for acceptance of responsibility. The court held that the district court did not clearly err in denying the reduction because the defendant minimized his culpability and made inconsistent statements about the shooting.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act for drug trafficking occurring within a foreign nation's Exclusive Economic Zone. The court held that Congress possesses authority under the Felonies Clause to prosecute such conduct and that a vessel becomes subject to U.S. jurisdiction when its master fails to claim nationality.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thomas Eugene Coulson after finding no nonfrivolous issues for appeal. The court dismissed the appeal without addressing the merits of the underlying conviction.
The Fourth Circuit affirmed the district court's judgment revoking Cecil Edward Jackson's supervised release and imposing a sentence of time served followed by one year of supervised release. The court found no abuse of discretion in the revocation or the sentence, noting Jackson's voluntary admission of violations and the district court's adequate explanation.
The Eleventh Circuit affirmed a 60-month prison sentence for a defendant who made multiple interstate threats against a federal judge and her family. The court held that the district court acted within its discretion to impose an upward variance based on the premeditated and terroristic nature of the conduct, despite the defendant's arguments regarding mitigating personal history.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court applied the Anders standard to conclude that the defendant's appeal lacked merit.
The Eleventh Circuit dismissed an appeal by a defendant who had signed a plea agreement containing a sentence appeal waiver. The court found the waiver enforceable because the defendant was specifically questioned about it during the plea colloquy and understood its terms.
The Fourth Circuit affirmed a three hundred month sentence for drug distribution offenses. The court held that the government did not breach the plea agreement by seeking a dangerous weapons enhancement.
The Eleventh Circuit affirmed David Gerome Kennedy's 180-month sentence for drug conspiracy and possession, rejecting his claim that the district court plainly erred in applying sentencing enhancements for firearm possession and maintaining a premises for drug distribution. The court found sufficient evidence that Kennedy possessed firearms related to his drug trafficking and used the Milton residence as a primary site for distributing controlled substances.