Topic
Every decision we've filed under Criminal.
The Tenth Circuit affirmed Maurice Lacey's conviction for firearm possession, ruling that the district court did not clearly err in finding him mentally competent to stand trial. The appellate court determined that a second psychological evaluation, which found the defendant alert and knowledgeable, outweighed conflicting evidence regarding his delusions.
The Tenth Circuit affirmed the denial of a duress jury instruction in a prosecution for unlawful reentry, holding that the defendant failed to prove he lacked a reasonable opportunity to escape his abuser. The court ruled that the defendant's evidence did not satisfy the statutory elements required for the defense under 8 U.S.C. § 1326.
The United States Court of Appeals for the Tenth Circuit affirmed in part and reversed in part a district court order denying tribal sovereign immunity in a dispute over casino operations.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Sonia Mata regarding a sentencing enhancement. The court enforced a waiver of appeal included in Mata's plea agreement.
The Fifth Circuit affirmed the denial of Joseph Gray Jr.'s motion for compassionate release, ruling that he failed to demonstrate a nonretroactive change in law affecting his culpability. The court further held that Gray did not satisfy the statutory requirement of having served at least ten years of his sentence.
The Fifth Circuit affirmed Sandra Iribhogbe Popnen's 325-month sentence for fraud and money laundering, rejecting her challenges to loss calculations and sentencing guidelines reductions. The court held that the district court properly attributed co-conspirator losses and correctly denied a reduction for acceptance of responsibility.
The Fifth Circuit affirmed the denial of a federal prisoner's motion to reduce his sentence, holding that Amendment 821 to the Sentencing Guidelines provided no relief because no status points were assessed at his original sentencing. The court further determined that the defendant abandoned arguments regarding Part B of the amendment and procedural errors, leaving only a claim subject to plain error review which failed.
The Fifth Circuit affirmed a sentence for illegal reentry after the appellant conceded his legal argument was foreclosed by Supreme Court precedent. The court granted the Government's motion for summary affirmance, rejecting the challenge to the sentence enhancement.
The Fifth Circuit affirmed a twenty-one-month sentence for illegal reentry after reviewing the district court's reasoning. The court found the district court provided sufficient reasons for its within-guidelines sentence choice.
The Fifth Circuit affirmed the dismissal of time-barred claims while vacating the dismissal of claims against city officials for lack of factual specificity. The court remanded the case with instructions to allow the plaintiff to amend his complaint and consider appointing counsel.