Topic
Every decision we've filed under Criminal.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Juan Andres Macharigui-Duran after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal following a review of the record and the Anders brief.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed Zipora Hudson's conviction for conspiracy to commit wire fraud and money laundering, ruling that the evidence was sufficient to prove she knowingly facilitated fraudulent PPP loan applications. The court held that a reasonable jury could find Hudson guilty based on her active participation in directing ineligible clients to her son and orchestrating the resulting kickbacks.
The Fifth Circuit affirmed a conviction for possession with intent to distribute cocaine, ruling that the defendant forfeited his challenge to the traffic stop's duration by failing to address an independent basis for the district court's ruling. The court also found no clear error in the lower court's determination that the defendant's consent to search his vehicle was voluntary under the totality of the circumstances.
The Fifth Circuit affirmed the sentence and restitution order for a defendant convicted of PPP wire fraud conspiracy, rejecting her challenges to the loss calculation and mass-marketing enhancement. The court held that the district court acted within its discretion by relying on conservative estimates from the Presentence Report that the defendant failed to rebut with evidence.
The United States Court of Appeals for the Fifth Circuit affirmed the sentences imposed on Gilbert Gomez Jr. following his drug conspiracy convictions and supervised release revocations. The court rejected arguments regarding drug quantity findings, sentencing adjustments, and the constitutionality of consecutive revocation sentences.
The Fourth Circuit held that a criminal offense carrying a maximum sentence of twelve months qualifies as a crime for which a sentence of one year or longer may be imposed under federal immigration law. Consequently, the petitioner's Virginia Class 1 misdemeanor conviction renders him ineligible for cancellation of removal.
The Ninth Circuit affirmed David Wayne DePape's convictions for attempting to kidnap a federal officer and assaulting a family member of a federal official. The court held that sufficient evidence supported the finding that the crimes were committed on account of the victims' performance of official duties.
The Supreme Court held that the Sentencing Reform Act does not authorize automatically extending a defendant's supervised release term due to abscondment. Consequently, a district court lacks authority to treat a new offense committed after a supervised release term has expired as a violation of that term.
The Ninth Circuit held that a district court may correct its failure to afford a defendant the right to allocute under Federal Rule of Criminal Procedure 32 as an 'other clear error' under Rule 35(a). The panel affirmed the defendant's sentence after the district court properly vacated and re-sentenced him within the rule's ten-day window.