Topic
Every decision we've filed under Criminal.
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.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a motion to modify supervised release conditions. The appellate panel found no abuse of discretion in the lower court's decision.
The Seventh Circuit held that the Internal Revenue Service may assess and collect criminal restitution as a civil tax liability under 26 U.S.C. § 6201(a)(4)(A), even when doing so accelerates payment beyond the original criminal sentencing schedule. The court affirmed the Tax Court's rejection of the taxpayer's challenge, ruling that Congress intended to empower the IRS to enforce restitution for tax-related crimes to ensure full recovery of Treasury losses.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's judgment in a challenge to a federal firearms statute. The appellant conceded that his constitutional argument was foreclosed by the circuit's recent precedent in Vincent v. Bondi.
The Eleventh Circuit clarified that hotel operators may be liable under the TVPRA if they provide personalized support to sex trafficking operations, going beyond mere room rentals. The court vacated summary judgments, ruling that plaintiffs presented sufficient evidence of staff participation and knowledge to create jury questions on civil liability.
The Fifth Circuit affirmed the district court's denial of Enoch Buckley's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The court held that Buckley failed to demonstrate an abuse of discretion because his arguments regarding sentencing disparities were mere conjecture.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the defendant's convictions and sentences after an independent review found no arguable issues of merit.