Topic
Every decision we've filed under Criminal.
The Eleventh Circuit affirmed a defendant's sentence and restitution order despite arguments regarding acquitted conduct. The court held that the district court's sentencing decision was reasonable and the restitution issue was waived under the law of the case doctrine.
The Eleventh Circuit granted a motion to withdraw filed by appointed counsel under the Anders standard. The court affirmed the defendant's convictions and sentences after an independent review found no arguable issues of merit.
The Eleventh Circuit affirmed a 36-month sentence for illegal re-entry, rejecting the defendant's claim that the district court abused its discretion by relying on his prior criminal history. The court held that sentencing judges possess broad authority to weigh § 3553(a) factors and may attach significant weight to a defendant's recidivism without presuming unreasonableness for variances.
The Eleventh Circuit affirmed a 108-month sentence for a defendant convicted of conspiring to distribute cocaine on a vessel. The court held that the district court did not clearly err in denying a minor-role reduction because the defendant's knowing participation as a crewmember constituted serious involvement in the criminal scheme.
The Eleventh Circuit affirmed Anthony Mackey's conviction for felon-in-possession, rejecting his claims that prosecutorial misconduct occurred and that the federal statute is unconstitutional. The court held that the government's closing arguments were reasonable inferences from the evidence and that binding precedent continues to uphold the constitutionality of 18 U.S.C. § 922(g)(1).
The Eleventh Circuit affirmed the district court's findings regarding most supervised release violations but vacated the sentence due to procedural errors in admitting hearsay evidence. The court remanded the case for a new revocation hearing that strictly adheres to the *Frazier* balancing test for confrontation rights.
The Tenth Circuit affirmed Lee Holt's conviction for drug and firearm offenses, ruling that officers reasonably relied on a tribal search warrant despite a prior state court denial of a similar application. The court further held that probable cause supported the warrant and that the district court correctly refused to compel the disclosure of a confidential informant's identity.
The Tenth Circuit affirmed the dismissal of a § 1983 false arrest and malicious prosecution claim against Denver police officers, ruling that the officers were protected by qualified immunity. The court held that an ambiguous surveillance video did not clearly establish that the officers lacked arguable probable cause to arrest the plaintiffs.
The Fifth Circuit dismissed Marcus Guice's appeal after enforcing his plea agreement's appeal waiver. The court found the waiver was knowing, voluntary, and applicable to his challenge regarding a sentencing enhancement.
The Eighth Circuit affirmed Matthew Keirans's 144-month prison sentence, rejecting his claim that the district court abused its discretion by weighing the unique harm of his identity theft. The court held that the lower court properly imposed special conditions of supervised release based on Keirans's decades-long pattern of deception and history of mental health and substance abuse issues.