Topic
Every decision we've filed under Criminal.
The United States Court of Appeals for the Eleventh Circuit affirmed a sentence of eighty-seven months for possession of a firearm by a convicted felon. The court also remanded the case to correct a clerical error in the judgment that incorrectly cited the Armed Career Criminal Act.
The Tenth Circuit affirmed the denial of a motion to suppress evidence found in a home, ruling that the exclusionary rule does not apply even if a search warrant contained a clerical error in the street name. The court held that deputies objectively relied in good faith on a warrant issued by a neutral magistrate, meaning suppression would not deter police misconduct.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Ronnie Ray Lemons due to an insufficiently developed record. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for appellate review.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for review.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing Jose Daniel Ramirez. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Ninth Circuit affirmed a jury verdict for an employee terminated for prescription pain medication use, rejecting the employer's claim that the termination was a nonjusticiable security clearance decision. The court held that medical and physical fitness standards under 10 C.F.R. § 1046 are distinct from predictive national security judgments protected by the Supreme Court's decision in Department of Navy v. Egan.