Topic
Every decision we've filed under Criminal.
The Eleventh Circuit affirmed a felon-in-possession sentence despite a procedural error regarding the Armed Career Criminal Act enhancement. The court held that the error was harmless because the time gaps between the defendant's prior offenses were too large to constitute a single occasion.
The Eleventh Circuit affirmed a felon-in-possession sentence despite a procedural error regarding the Armed Career Criminal Act. The court held that the error was harmless because the time gaps between the defendant's prior offenses were too large to constitute a single occasion.
The United States Court of Appeals for the Tenth Circuit affirmed a defendant's sentence, rejecting the claim that denying a sentencing reduction for acceptance of responsibility violates the Sixth Amendment right to a jury trial. The court held that the denial of a reduction is not a penalty for exercising trial rights but rather the withholding of a reward for those who accept responsibility.
The Fourth Circuit affirmed the revocation of Gregory Largent's supervised release and his 18-month prison sentence, rejecting his claim that the district court erred by modifying a contact condition without a separate hearing. The court held that Largent failed to demonstrate plain error, as he had counsel and an opportunity to present evidence during the proceeding.
The Fourth Circuit affirmed a defendant's resentencing, rejecting her claim that the increased sentence resulted from judicial vindictiveness. The court held that because a different judge imposed the new sentence, the presumption of retaliatory motivation does not apply, and the defendant failed to prove actual animus.
The Fourth Circuit affirmed a 96-month sentence for a felon in possession of ammunition, ruling that any error in applying a sentencing enhancement was harmless. The court held that the district court would have imposed the same sentence based on statutory factors regardless of the disputed Guidelines calculation.
The Eleventh Circuit affirmed the convictions of a defendant charged with tax evasion and failure to file tax returns. The court held that the defendant did not plainly error in admitting evidence derived from his supervised release obligations.
The Fourth Circuit affirmed a criminal judgment where the district court imposed an Armed Career Criminal Act enhanced sentence. The court held that while a plain error occurred regarding the different occasions element, the defendant failed to show it affected his substantial rights.
The Eleventh Circuit affirmed Myking Dayquan Green's conviction for felon-in-possession, ruling that a firearm found in plain sight on the floorboard of a vehicle supported constructive possession. The court further held that the district court acted within its discretion to dismiss a juror who refused to follow instructions and failed to listen to the evidence.
The Ninth Circuit vacated Shahriyar Bolandian's insider-trading conviction because the district court failed to investigate a juror's expressed uncertainty about his impartiality. The appellate court held that a trial judge has an independent, non-delegable duty to inquire into juror bias, meaning defense counsel's acquiescence did not waive the defendant's right to an impartial jury.