Topic
Every decision we've filed under Criminal.
The Sixth Circuit affirmed Tony Wilkinson's conviction for felon in possession of a firearm, ruling that his extensive criminal history establishes he is dangerous under the Second Amendment. The court held that no remand was necessary because the record evidence indisputably showed Wilkinson posed a threat to the community.
The Fifth Circuit affirmed George Kenneth Orton Jr.'s conviction for producing child pornography, ruling that the evidence supported a finding that the devices used moved in interstate commerce. The court also rejected challenges to the jury instructions and the constitutionality of the underlying statute.
The Sixth Circuit vacated the district court's denial of a motion to terminate supervised release because the record failed to demonstrate that the court considered the mandatory sentencing factors. The panel held that a mere checkmark or referral to a probation report without explicit reasoning constitutes an abuse of discretion.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Jose Francisco Hernandez. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for review.
The First Circuit affirmed the conviction of Kevin Lee Ross for possessing child sexual abuse material, rejecting his argument that a joint stipulation precluded the government from displaying the actual images to the jury.
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 Sixth Circuit affirmed David Lynn Vannelli's 252-month sentence and the district court's rejection of his plea agreement, ruling that the judge acted within discretion given the egregious nature of the child exploitation offenses. The court held that a sentencing judge is not bound to accept a Rule 11(c)(1)(C) plea recommendation and may impose a higher sentence if the agreed-upon term is inadequate.
The Sixth Circuit reversed the proceedings to address attorney Steven N. Howe's misconduct in filing briefs containing fabricated legal citations generated by artificial intelligence. The court vacated the appeal and ordered new counsel appointed to ensure a fair review of the defendant's sentencing challenge.
The Tenth Circuit affirmed Octavio Jimenez-Marquez's conviction for possessing firearms in furtherance of a drug-trafficking crime, finding the evidence sufficient under established factors. The court also rejected a constitutional vagueness challenge, clarifying that the 'in furtherance of' standard provides fair notice to defendants.
The Third Circuit affirmed Christopher Miller's sentence for bank fraud and identity theft, ruling that while the District Court erred in its legal analysis of the Sentencing Guidelines, the mistake was harmless. The appellate court held that applying the correct ambiguity standard still supported the five-participant enhancement based on the aggregate involvement of participants and non-participants.