Topic
Every decision we've filed under Criminal.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States versus Vanvacter. Judgment has been entered in accordance with the court's decision.
The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in the case of United States v. Butler. Judgment has been entered in accordance with the court's decision.
The Tenth Circuit affirmed a three-year prison sentence for a supervised release violation, ruling that a police report detailing firearm possession was admissible evidence. The court held that the report met the minimal reliability standard required for sentencing and that the defendant waived his right to object to the timing of its disclosure.
The Third Circuit dismissed a petition for a writ of mandamus filed by Jobadiah Weeks because the District Court subsequently ruled on the underlying motions. The appellate court found that the lower court's actions resolved the specific relief sought, eliminating the live controversy required for judicial intervention.
The Ninth Circuit affirmed Alma Garza's conviction for drug conspiracy and possession, ruling that a less-than-three-day warrantless detention of a mailed package was reasonable under the Fourth Amendment. The court held that investigators acted diligently and that an evidentiary hearing was unnecessary given the lack of specific factual allegations from the defense.
The Third Circuit affirmed Jerome Brown's conviction and sentence, ruling that while the District Court improperly participated in plea negotiations, the error was harmless. Brown failed to demonstrate that the judicial interference violated his substantial rights or resulted in a heavier sentence than he would have otherwise accepted.
The Seventh Circuit affirmed a defendant's sentence after he failed to object to a revised sentencing guideline calculation that applied a higher drug conversion ratio to THC-infused edibles. The court held that the district court acted within its discretion to permit a late government objection to the presentence report and that the defendant waived his substantive argument regarding the conversion ratio by agreeing to the revised calculation.
The Sixth Circuit affirmed a 330-month sentence for Derek Hahn, who used a minor to produce sexually explicit videos. The court held that the district court properly weighed the severity of the crime and statutory factors under 18 U.S.C. § 3553(a) in imposing a below-Guidelines sentence.
The Sixth Circuit affirmed LaVaughn Odom's 192-month sentence for drug trafficking and firearm offenses, ruling that the district court did not commit procedural or substantive error. The court held that the sentence was reasonable despite being below the U.S. Sentencing Guidelines range.