Topic
Every decision we've filed under Criminal.
The Sixth Circuit held that the Kentucky Judicial Conduct Commission violated a sitting judge's First Amendment rights by attempting to enforce ethics rules against her campaign statements. The court reversed the lower court's denial of relief for two rules, finding the enforcement was not narrowly tailored to serve a compelling state interest.
The Sixth Circuit held that the Kentucky Judicial Conduct Commission violated a judge's First Amendment rights by attempting to enforce ethics rules against her campaign statements. The court reversed the lower court's denial of relief for two rules, ruling that the state's interest in judicial integrity did not justify suppressing speech that was readily capable of a true interpretation.
The D.C. Circuit affirmed the denial of Deenvaughn Rowe's claim of ineffective assistance of counsel, ruling that he failed to prove prejudice under the Strickland standard. The court held that even if trial counsel had pursued additional witnesses or investigated further, the overwhelming evidence of Rowe's guilt would likely have resulted in the same conviction.
The Tenth Circuit enforced an appeal waiver in a criminal case where the defendant argued she did not fully understand the consequences of waiving her right to appeal. The court dismissed the appeal and granted counsel's request to withdraw after finding no non-frivolous basis to oppose the government's motion.
The Seventh Circuit affirmed the conviction and sentence of a defendant who sought to withdraw his guilty plea on direct appeal. The court held that the defendant failed to demonstrate his plea was involuntary or unintelligent despite his complaints about time pressure and counsel.
The Seventh Circuit affirmed the denial of a motion for judgment of acquittal on a wire fraud count, ruling that sufficient circumstantial evidence supported the conviction despite the victim's failure to testify. The court held that evidence linking the defendant to a shell company and his use of an alias was enough for a jury to infer intent and the use of interstate wires in the fraud scheme.
The Fourth Circuit vacated a defendant's sentence because the written judgment imposed a warrantless-search condition that was materially broader than the condition orally announced at sentencing. The court held that the oral pronouncement controls and that the discrepancy required resentencing to ensure the defendant was not bound by unannounced terms.
The Eleventh Circuit affirmed Antonio Bell's 165-month sentence, ruling that the district court correctly applied a four-level sentencing enhancement for possessing a firearm in connection with methamphetamine distribution. The court further held that the sentence was substantively reasonable because the district court properly weighed the statutory factors under 18 U.S.C. § 3553(a).
The Eleventh Circuit granted appointed counsel's motion to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the conviction and sentence after an independent review found no arguable issues of merit.
The Eleventh Circuit affirmed the convictions and sentences of three defendants involved in a large-scale credit card fraud scheme. The court rejected challenges regarding evidence sufficiency, the reasonableness of sentences, and a sentencing enhancement for managerial roles.