United States v. Vecera
The Fifth Circuit affirmed the conviction of a felon for possessing a firearm. The court held that the defendant's constitutional challenges to the federal statute were foreclosed by prior precedent.
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Every decision we've filed under Criminal.
The Fifth Circuit affirmed the conviction of a felon for possessing a firearm. The court held that the defendant's constitutional challenges to the federal statute were foreclosed by prior precedent.
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Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights.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 128-month sentence for drug trafficking, rejecting arguments that the drug mixture was not marketable as fentanyl. The court also found the sentence substantively reasonable given the defendant's guideline range and criminal history.
The United States Court of Appeals for the Eleventh Circuit affirmed the convictions and sentences of Mark Donald Sotnick. The court granted appointed counsel's motion to withdraw after an independent review found no arguable issues of merit in the appeal.
The Eleventh Circuit affirmed Brent Michael Jones's conviction for felon in possession of a firearm, rejecting his constitutional challenges to the statute and his claims of involuntary confession. The court held that the firearm's interstate origin satisfied Commerce Clause requirements and that the defendant's post-Miranda waiver was voluntary.
The Eleventh Circuit affirmed Lori Ann Nademus's fraud convictions and 110-month sentence, ruling that the district court did not abuse its discretion regarding competency or sentencing delays. The court held that Nademus's own statements during the hearing confirmed her competence and that her plea agreement waived her right to appeal the sentence.
The Ninth Circuit affirmed the conviction of a defendant charged with illegal reentry, ruling that the district court did not commit plain error by failing to order a competency exam sua sponte. The court further held that the district court acted properly in removing the defendant from the courtroom after he repeatedly disrupted proceedings despite warnings.
The Fourth Circuit affirmed summary judgment for school officials and law enforcement in a civil rights lawsuit brought by a middle school student. The court held that a school official's search of the student's phone and subsequent questioning did not violate the Fourth or Fifth Amendments.