Topic
Every decision we've filed under Criminal.
The Eleventh Circuit granted a petition for rehearing to vacate a prior ruling on the retroactive application of the First Step Act. The court now remands the case for resentencing in accordance with the Supreme Court's decision in Hewitt v. United States.
The Sixth Circuit affirmed Emory Day's conviction for distributing and possessing child pornography, ruling that the search warrant was supported by probable cause. The court further held that the evidence was sufficient to link the devices containing the illegal images to Day and that the sentencing enhancement was properly applied.
The Sixth Circuit affirmed the denial of a motion to suppress evidence of child pornography, ruling that officers had a reasonable belief the arrest suspect was inside the apartment. The court held that hearing movement inside and the suspect's unemployment status justified a forcible entry to execute an arrest warrant.
The Sixth Circuit affirmed a 420-month prison sentence for Dustin Newsome, rejecting his challenge to the application of multiple sentencing enhancements for child pornography offenses. The court held that the district court properly calculated the Guidelines range and that the sentence was substantively reasonable given the severity of the crimes.
The Tenth Circuit enforced an appeal waiver in a plea agreement, dismissing the defendant's appeal as frivolous after a thorough review. The court granted the government's motion to enforce the waiver and allowed appointed counsel to withdraw.
The Third Circuit affirmed Lekesha Hill's sixty-three-month sentence and restitution order, finding no error in the District Court's application of sentencing enhancements. The court held that the lower court correctly applied a two-level obstruction of justice enhancement and a sophisticated-means enhancement based on the facts of the case.
The Third Circuit affirmed Quaheem Bethea's 70-month sentence for felon-in-possession of a firearm, rejecting claims that the District Court failed to adequately consider his youth and impulse control. The court held that the sentencing judge's detailed discussion of Bethea's persistent criminal history satisfied the requirement to consider all relevant factors under 18 U.S.C. § 3553(a).
The Ninth Circuit affirmed Aaron Thomas Mitchell's convictions for kidnapping a minor and deprivation of bodily rights under color of law. The court held that the district court did not abuse its discretion in denying motions for mistrial or continuance, finding no prosecutorial misconduct or trial error prejudiced the defendant.
The Tenth Circuit enforced a defendant's appeal waiver because her 188-month sentence fell within the agreed-upon advisory guidelines range. The court concluded that opposing the government's motion to enforce the waiver would be frivolous under Anders v. California.
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement, dismissing his appeal as frivolous. The court found the waiver was valid and its enforcement would not result in a miscarriage of justice.