Topic
Every decision we've filed under Criminal.
The United States Court of Appeals for the Fifth Circuit affirmed the denial of a motion to withdraw a guilty plea involving child sexual abuse and pornography offenses. The court found no abuse of discretion in the district court's decision to deny the motion without an evidentiary hearing.
The Fifth Circuit affirmed a twenty-four-month sentence for illegal reentry, rejecting the defendant's claim that the above-guidelines term was substantively unreasonable. The court held that the district court properly justified the upward variance based on the defendant's criminal history and other statutory factors.
The Sixth Circuit affirmed a one hundred month prison sentence for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by imposing an above-Guidelines sentence based on the defendant's pre-sentencing disciplinary conduct.
The Eleventh Circuit affirmed Frank Marrupe's conviction for possessing a firearm as a convicted felon but vacated his sentence. The court remanded the case for resentencing because the district court failed to consider federal sentencing guidelines regarding concurrent sentences.
The Eighth Circuit dismissed an appeal filed by a defendant who pleaded guilty and signed an appeal waiver. The court granted counsel leave to withdraw after finding no non-frivolous issues outside the waiver's scope.
The United States Court of Appeals for the Tenth Circuit affirmed a district court order detaining a defendant pending trial. The court held that the government met its burden of proving the defendant was a serious flight risk and that no conditions of release could reasonably assure his appearance.
The Eighth Circuit affirmed a twenty-year mandatory minimum sentence for a defendant convicted of conspiracy to distribute fentanyl resulting in serious bodily injury. The court rejected the defendant's argument that the sentence violated the Eighth Amendment's prohibition against cruel and unusual punishment.
The Eleventh Circuit affirmed a district court order denying a third-party claim to forfeited funds in a health care fraud case. The court held that the third-party claimant lacked standing to challenge the forfeitability of the property.
The Sixth Circuit affirmed an above-Guidelines sentence of one hundred months for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by weighing the defendant's pre-sentencing disciplinary conduct heavily in its sentencing decision.
The Eleventh Circuit affirmed the conviction and sentence of a defendant who managed an international enterprise producing and distributing child sexual abuse material. The court held that the images depicted lascivious exhibitions of minors' genitals and pubic areas, and that the district court properly considered sentencing statistics without violating due process.