Topic
Every decision we've filed under Criminal.
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 Eleventh Circuit affirmed Gerard Eric Beasley's conviction for possession of a firearm by a convicted felon, ruling that the Second Amendment does not protect felons from such bans. The court also held that any error in admitting a second confession was harmless because the firearm would have been inevitably discovered through lawful means.
The Tenth Circuit affirmed the denial of Jvan Jackson's motion to suppress evidence from three warrantless vehicle searches. The court held that Jackson lacked Fourth Amendment standing for the first search but that officers had reasonable suspicion and probable cause for the subsequent two stops.
The Fifth Circuit dismissed an appeal by a defendant who failed to prove the government breached his plea agreement. The court held that the government satisfied its sentencing recommendation obligation by including it in the presentence report.
The Fifth Circuit affirmed a 60-month prison sentence for a wire fraud conspiracy, ruling that the defendant failed to prove plain error regarding a sentencing enhancement for substantial financial hardship. The court further held that the district court did not abuse its discretion in imposing an above-Guidelines sentence based on the victims' advanced age.
The Fifth Circuit affirmed Christopher Andrade's conviction for conspiracy to commit murder-for-hire, finding no plain error in the evidence regarding the victim's identity. The court further held that jury instructions were accurate and the admission of redirect testimony did not warrant reversal.
The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.
The Eighth Circuit affirmed the sentence imposed on Toni Yeager following her guilty plea to a drug offense. The court granted counsel's motion to withdraw under Anders v. California after finding no non-frivolous issues for appeal.
The Tenth Circuit dismissed an appeal from a supervised release revocation and granted counsel's motion to withdraw after finding all potential arguments frivolous. The court affirmed that the district court's findings of assault and no-contact violations were supported by a preponderance of the evidence.
The Third Circuit affirmed Joseph Cammarata's conviction for five counts of tax evasion, rejecting his claims regarding insufficient evidence and improper admission of prior fraud evidence. The court further held that Cammarata waived any ineffective assistance claims by proceeding to trial as a self-represented defendant after the district court confirmed his readiness.