Topic
Every decision we've filed under Criminal.
The Eleventh Circuit vacated an 18-month sentence because the district court failed to provide a specific explanation for imposing a significant upward variance from the Sentencing Guidelines. The court held that when a judge departs from the agreed-upon guidelines range, they must articulate the specific reasons for that departure on the record.
The Eleventh Circuit affirmed a conviction for attempting to entice a minor to engage in sexual activity. The court held that jury unanimity is not required regarding which specific state offense underlies the federal charge.
The Eleventh Circuit dismissed Paul E. Senat's appeal from the denial of his compassionate release motion because his notice of appeal was filed more than a year after the district court's order. The court held that the filing exceeded the strict 14-day deadline under the Federal Rules of Appellate Procedure and did not qualify for an extension of time.
The Sixth Circuit affirmed Michael Bailey's conviction for conspiracy to distribute narcotics, ruling that evidence of his coordination from prison was sufficient to prove the crime. The court rejected challenges regarding jury instructions and the admission of evidence related to gang affiliation and disciplinary records.
The Sixth Circuit affirmed Paul Curry's convictions for drug trafficking and firearm offenses, finding the evidence sufficient to prove intent to distribute and that the firearm facilitated the crime. The court also upheld the admission of jail call recordings and rejected Curry's challenge to his sentence, which fell within the recommended Guidelines range.
The Eighth Circuit affirmed a 300-month sentence for a defendant who coordinated the importation of hundreds of kilograms of methamphetamine from Mexico. The court held that the district court did not clearly err in applying enhancements for the defendant's role as a manager and for engaging in drug trafficking as a livelihood.
The Seventh Circuit affirmed Tommie L. Haney's sentence, finding no clear error in the district court's application of a two-level sentencing enhancement for possessing a firearm in furtherance of a drug conspiracy. The court held that intercepted communications and DNA evidence supported the finding that Haney possessed the weapon, and his alternative theories were either waived or insufficient to rebut the presumption of furtherance.
The Third Circuit vacated a conviction under the Procurement Integrity Act because the District Court accepted a guilty plea without a sufficient factual basis. The court held that disclosing information from a past procurement only violates the statute if that information is substantively identical to data submitted for a pending procurement.
The Seventh Circuit affirmed Charles Denton's conviction for possessing a firearm in furtherance of a drug-trafficking crime, ruling that the gun's proximity to his drug operation was sufficient to establish the required legal nexus. The court rejected Denton's argument that the weapon was merely stored in a closet and not connected to his drug sales.
The Fifth Circuit affirmed the conviction of a convicted felon for possession of a firearm, rejecting his constitutional challenges to the federal statute. The court held that binding precedent foreclosed the defendant's Second Amendment claim and that he had conceded his Commerce Clause argument.