Topic
Every decision we've filed under Criminal.
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.
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 Xavier Holley's 40-year sentence for a failed pawn shop robbery that resulted in a clerk's death. The court rejected Holley's challenges regarding sentencing guidelines grouping, consecutive sentence authority, and ineffective assistance of counsel.
The Fourth Circuit affirmed the revocation of Preston Mills' supervised release but vacated his sentence as plainly unreasonable. The court held that the district court failed to address a non-frivolous mitigation argument regarding the extended time Mills spent under supervision.
The Ninth Circuit affirmed Robert Charles Kay's conviction for possession of controlled substances with intent to distribute. The court held that the warrantless search of Kay's vehicle was constitutional under the plain view doctrine and the automobile exception to the Fourth Amendment.
The Eleventh Circuit affirmed a drug trafficking sentence where the district court's initial oral pronouncement exceeded the statutory maximum. The court held that a lawful written judgment controls over an oral pronouncement that violates the plain language of the statute.
The Eleventh Circuit affirmed Amos Christolin's drug trafficking convictions, rejecting his claim that his ambiguous statement in Haitian Creole constituted an unequivocal invocation of his right to remain silent. The court further held that the district court's admission of an agent's translations did not violate the Confrontation Clause under plain error review.
The United States Court of Appeals for the Eleventh Circuit granted the Government's motion to dismiss an appeal filed by Addison Lee Cook. The court enforced an appeal waiver contained within the defendant's plea agreement.
The Eleventh Circuit dismissed an appeal filed by a defendant who challenged his sentence as substantively unreasonable. The court held that the defendant's plea agreement contained a valid appeal waiver that barred the challenge.
The Eleventh Circuit dismissed an appeal filed by a defendant who had signed a plea agreement containing a sentence appeal waiver. The court held that the waiver was entered knowingly and voluntarily, barring the defendant from challenging his sentence despite his constitutional arguments.