Topic
Every decision we've filed under Criminal.
The Fifth Circuit affirmed William Flanagan's 235-month sentence for methamphetamine trafficking, finding no clear error in the district court's criminal history score calculation. The court held that Flanagan failed to demonstrate that any miscalculation regarding prior convictions affected the outcome of his sentencing.
The Fifth Circuit affirmed the district court's judgment, holding that the Laredo Police Department's investigatory stop was supported by reasonable suspicion. Because the stop was lawful, the court rejected the defendant's motion to suppress evidence gathered during the encounter.
The Fifth Circuit affirmed Julio Cesar Luna's convictions for transporting illegal aliens, ruling the district court acted within its discretion to dismiss a biased juror. The court also vacated an amended judgment entered by the district court while the appeal was pending, finding the lower court lacked jurisdiction to alter the record during that time.
The Fifth Circuit affirmed a criminal sentence, holding that a district court satisfies notice requirements for supervised-release conditions by orally adopting them from the Presentence Investigation Report. The court further found that the record contained ample evidence that defense counsel had reviewed the report with the defendant, even without a specific on-the-record inquiry to the defendant.
The Fifth Circuit dismissed Matthew Scott Dowell's appeal as frivolous because his post-judgment motions were filed more than one year after the judgment. The court held that such untimely motions are unauthorized and lack a jurisdictional basis.
The Fifth Circuit affirmed Timothy Muller's conviction for transmitting threats and retaliating against a federal official, ruling that his voicemails and texts constituted true threats rather than protected political speech. The court further rejected Muller's challenges regarding jury instructions, judicial conduct during trial, and jury composition, finding no reversible error in the proceedings.
The Ninth Circuit affirmed the district court's denial of a defendant's request to disqualify his probation officer. The panel held that challenges to modified supervised release conditions were moot and that the district court lacked authority to order reassignment based on a self-created conflict.
The Eleventh Circuit affirmed Jesse Moore's conviction for conspiracy to commit robbery and firearm offenses, rejecting his challenge to the denial of his motion to suppress. The court held that the initial police encounter was a consensual exchange and that the subsequent search of the property fell under the open fields doctrine.
The Eleventh Circuit affirmed a 60-month prison sentence imposed on Damon Eugene Houston for violating conditions of supervised release in two prior federal cases. The court held that the district court did not abuse its discretion by ordering consecutive sentences and by properly weighing the mitigating evidence presented by the defendant.
The Eleventh Circuit granted a motion by appointed counsel to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the conviction and sentence after an independent review found no arguable issues of merit.