Topic
Every decision we've filed under Criminal.
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 affirmed Arthur Young's 168-month sentence for felon in possession of a firearm, rejecting all five sentencing enhancement challenges. The court held that the district court properly applied the Sentencing Guidelines and that the sentence was substantively reasonable given the danger Young posed to society.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States v. Carl Markley. Judgment has been entered in accordance with the court's decision.
The Eleventh Circuit affirmed the denial of a federal prisoner's motion for sentence reduction, ruling that time served and rehabilitation efforts do not constitute extraordinary and compelling reasons. The court granted the government's motion for summary affirmance, noting the appeal was frivolous given the defendant's prior unsuccessful attempts to raise these same claims.
The First Circuit affirmed a fifty-seven-month sentence for conspiracy to traffic firearms, rejecting the appellant's argument that the district court erred by applying a sentencing enhancement based on a co-conspirator's out-of-court statements. The court held that the district court did not abuse its discretion in determining the reliability of the co-conspirator's testimony regarding the defendant's role in the scheme.
The Eleventh Circuit clarified the requirements for civil beneficiary claims under the Trafficking Victims Protection Reauthorization Act, vacating summary judgment where plaintiffs presented sufficient evidence of hotel participation in trafficking ventures.