Topic
Every decision we've filed under Criminal.
The Eleventh Circuit affirmed the denial of a motion to disqualify the presiding judge, ruling that judicial rulings and expressions of impatience do not constitute bias under 28 U.S.C. § 455(a). Consequently, the defendant's firearm-related convictions remain in effect.
The Fourth Circuit affirmed the conviction and sentence of Glen Ray Dowell while dismissing his constitutional challenge to his firearm offense. The court found Dowell's plea was voluntary and his appeal waiver valid, precluding review of the Second Amendment claim.
The Eleventh Circuit affirmed a 264-month sentence for Hobbs Act robbery, holding that the defendant's 2011 Florida aggravated assault conviction properly qualified as a violent felony under the Armed Career Criminal Act. The court rejected the defendant's argument that a recent Supreme Court decision undermined the binding precedent establishing that Florida assault statutes require a knowing mens rea.
The Eleventh Circuit affirmed Stephen Daniel Leonard's conviction for felon in possession of a firearm, rejecting all arguments regarding his self-representation and the necessity defense. The court also granted Leonard's counsel's motion to withdraw, citing incompatibility and compliance with withdrawal rules.
The Eleventh Circuit affirmed Nigel Richardson's convictions for Hobbs Act robbery and firearm offenses, rejecting challenges to the sufficiency of evidence and the indictment's Grand Jury Clause compliance. The court held that Hobbs Act robbery remains a crime of violence under the elements clause and that the indictment's language adequately alleged knowledge of Richardson's felon status.
The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.
The Ninth Circuit affirmed the denial of a defendant's second request for substitute counsel but reversed the denial of a third request due to the district court's failure to conduct a required inquiry. The court also vacated the defendant's sentence because the district court incorrectly applied the Sentencing Guidelines regarding what constitutes a crime of violence.
The Ninth Circuit affirmed Timothy Peoples' cocaine trafficking conviction, ruling that any error in excluding evidence of a police officer's misconduct was harmless given the overwhelming evidence of guilt. The court further held that the district court did not abuse its discretion in instructing the jury that the evidence was legally obtained.
The Ninth Circuit affirmed a 120-month federal sentence for a defendant who possessed a handgun while kidnapping and beating a domestic partner. The court held that the government met its burden to show the firearm facilitated the underlying felonies through the defendant's threats and constructive possession.
The Eighth Circuit affirmed Velma Taper's sentence for fraud offenses after reviewing the district court's ruling. The court granted counsel's motion to withdraw under Anders v. California, finding no non-frivolous issues for appeal.