Topic
Every decision we've filed under Criminal.
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 that the assigned attorney properly followed Anders procedure and identified no nonfrivolous issues for review.
The Eleventh Circuit affirmed Kimberly Kiehl's conviction and sentence, ruling that her prior failure to object to the magistrate judge's report waived her challenge to the voluntariness of her guilty plea. The court further held that the sentence appeal waiver was enforceable because the magistrate judge explicitly explained its scope during the plea colloquy.
The Fifth Circuit affirmed a federal sentence, holding that a prior four-year state firearms conviction counts toward criminal history points even if the defendant did not physically serve the full term. The court also rejected a challenge to a supervised release revocation, finding the district court properly considered the defendant's history and the need for public protection.
The Eleventh Circuit affirmed a statutory maximum sentence of 840 months for child pornography offenses, ruling that the district court did not abuse its discretion. The court held that the district court properly weighed the need to protect the public over the defendant's mitigating arguments regarding his mental health.
The United States Court of Appeals for the Sixth Circuit affirmed the denial of a federal habeas corpus petition filed by a death-row prisoner. The court held that the petitioner failed to demonstrate that false witness testimony or an alleged coerced jury waiver warranted relief under federal law.
The Eleventh Circuit affirmed a 36-month prison sentence for wire fraud, rejecting the defendant's claim that the district court abused its discretion by imposing an upward variance based on his extensive criminal history. The court held that the sentencing judge properly weighed the defendant's history of fraud and uncharged conduct alongside the seriousness of the offense and the need for public protection.
The United States Court of Appeals for the Sixth Circuit affirmed the denial of a death-row prisoner's federal habeas corpus petition. The court rejected claims regarding false witness testimony, jury trial waiver validity, and ineffective assistance of counsel.
The Fourth Circuit affirmed in part and dismissed in part the conviction and sentence of a defendant who pleaded guilty to drug trafficking and firearms offenses. The court held that the defendant's appellate waiver was valid and enforceable, barring review of sentencing issues raised under an Anders brief.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a prisoner's motion for compassionate release. The appellate court found no abuse of discretion in the lower court's refusal to grant sentence reduction.
The Fourth Circuit affirmed a district court's decision to revoke supervised release and impose a sentence below the advisory guidelines range. The appellate court held that the district court adequately explained its reasoning based on the defendant's history and the need for public protection.