Topic
Every decision we've filed under Criminal.
The Tenth Circuit affirmed the conviction of Michael Anthony Rangel for being a felon in possession of a firearm. The court held that existing precedent upholding the constitutionality of the federal statute remains binding despite recent Supreme Court guidance.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Willie Ray Valentine. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Seventh Circuit affirmed a thirty-two hundred and twenty-four month sentence for drug trafficking and reentry offenses. The court held that the defendant waived any challenge to the drug quantity finding by accepting the corresponding sentencing guideline level.
The Tenth Circuit reversed Thomas Petro's conviction because the prosecutor's closing argument improperly declared that the defendant's presumption of innocence had been removed before deliberations began. The court held that these remarks, combined with the presentation of a nude photo, unfairly shifted the burden of proof and prejudiced the jury's impartiality.
The Fourth Circuit affirmed Tony Nico Clark's conviction while dismissing his sentencing appeal based on a valid appellate waiver. The court found no plain error in the district court's acceptance of Clark's guilty plea, upholding the sentence as a lawful downward variance.
The Eleventh Circuit affirmed a defendant's sentence for drug trafficking offenses involving firearms and a premises used for distribution. The court held that the district court did not plainly err in applying sentencing enhancements for possessing a firearm and maintaining a premises for drug distribution.
The Fifth Circuit granted a motion to withdraw filed by appointed counsel who argued the appeal presented no non-frivolous issues. The court dismissed the appeal after reviewing the Anders brief and finding no meritorious grounds for review.
The Eighth Circuit affirmed a district court's sentence following the revocation of supervised release. The court held that the trial court did not abuse its discretion in imposing an eighteen-month prison term.
The Sixth Circuit affirmed a 121-month prison sentence for a large-scale drug trafficker, ruling the district court properly exercised its discretion to impose an above-Guidelines sentence. The court found no procedural or substantive unreasonableness in the sentence, which was based on the defendant's leadership role and the extraordinary volume of drugs involved.
The Fourth Circuit affirmed Mitchell McNeil's 300-month sentence, ruling that the government did not breach its plea agreement by seeking a dangerous weapon enhancement. The court held that contract law principles limit the government to only those promises explicitly made in the agreement, and the agreement here reserved the right to present evidence on sentencing factors not stipulated by the parties.