Topic
Every decision we've filed under Criminal.
The Fifth Circuit affirmed the revocation of Maurice Coleman's supervised release and his 18-month prison sentence. The court held that Coleman's constitutional challenge to 18 U.S.C. § 3583(g) is foreclosed by its prior decision in United States v. Garner.
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 review.
The Ninth Circuit affirmed Koby Don Williams's conviction for attempted online enticement of a minor but vacated his sentence due to a procedural error in applying a sentencing enhancement. The court held that the district court failed to make the specific factual findings required to support an obstruction of justice enhancement based on the defendant's trial testimony.
The Ninth Circuit affirmed summary judgment for Bank of America, holding that the International Emergency Economic Powers Act shields financial institutions from liability for good-faith compliance programs based on OFAC guidelines. The court ruled that the liability shield applies to actions permitted by regulatory guidance, not just those strictly compelled by the Iranian Transactions and Sanctions Regulations.
The Seventh Circuit dismissed an appeal challenging a district court's denial of qualified immunity because the lower court's ruling was not a final adjudication. The appellate court held that the district court's decision to deny immunity without prejudice and invite further arguments at summary judgment did not satisfy the collateral order doctrine.
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 appellate review.
The Fifth Circuit held that the federal prohibition on home distilling of consumable spirits violates the Constitution's Taxing and Necessary and Proper Clauses. However, the court reversed the district court's broad injunction, remanding the case for a narrower remedy that strikes only the unconstitutional provisions while preserving the statutory framework.
The Eleventh Circuit affirmed Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights. The court held that applying the correct one-frame-one-image rule would likely increase, rather than decrease, the total image count, meaning no prejudice existed.
The Eleventh Circuit affirmed a 97-month prison sentence for migrant smuggling, ruling that the district court did not violate the Sixth Amendment by considering acquitted conduct to apply sentencing enhancements. The court held that under binding precedent, acquitted conduct may be used at sentencing if proven by a preponderance of the evidence.
The Eleventh Circuit affirmed a 78-month sentence for child pornography possession, ruling that a sentencing error regarding video image counts did not affect the defendant's substantial rights. Although the district court incorrectly applied a rule counting each video as 75 images, the correct legal standard would likely have resulted in an even higher image count.