Topic
Every decision we've filed under Criminal.
The Sixth Circuit affirmed a district court's decision to impose consecutive sentences for drug distribution, money laundering, and a supervised release violation. The court held that the district court did not plainly err in considering the seriousness of the violation conduct or in explaining its rationale for running the terms consecutively.
The Sixth Circuit affirmed the district court's judgment, rejecting Demetrius Catching's appeal regarding his sentences for new federal drug distribution and money laundering offenses committed while on supervised release. The court found no error in the imposition of consecutive within-Guidelines sentences totaling 93 months for the new crimes and 55 months for the supervised release violation.
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.
The Tenth Circuit held that the Governor of Colorado is not immune from suit regarding alleged violations of a prisoner's religious rights because state law grants him final authority over the Department of Corrections. The court further ruled that the prisoner's transfer to a new facility did not moot his claims for injunctive relief since the alleged unconstitutional conditions persist.
The Tenth Circuit affirmed the denial of a motion to dismiss an indictment for being a felon in possession of a firearm. The court held that the defendant's Second Amendment challenge was already foreclosed by its prior decision in Vincent v. Bondi.
The Tenth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after a plenary review found the defendant's claims wholly frivolous. The court determined that the defendant's admission of drug use and his request for a specific sentence left no nonfrivolous basis for challenging the supervised release revocation.
The United States Court of Appeals for the Eighth Circuit has issued an opinion in this criminal appeal. Judgment has been entered in accordance with the court's decision.
The Ninth Circuit reversed a district court dismissal of a Second Amendment challenge to firearm prohibitions imposed by protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar federal review when a plaintiff challenges the underlying statutes rather than seeking to overturn a specific state-court judgment.
The Ninth Circuit reversed a district court's dismissal of a Second Amendment challenge to firearm prohibitions tied to protection orders. The appellate court held that the Rooker-Feldman doctrine does not bar the claim because the plaintiff challenged the statutes themselves rather than seeking to overturn a specific state-court judgment.