Topic
Every decision we've filed under Criminal.
The Seventh Circuit affirmed the defendants' convictions for Hobbs Act robbery and brandishing a firearm, rejecting the argument that the robbery failed to affect interstate commerce. The court further held that the defendants forfeited any claim that the jury might have relied solely on a robbery of a victim outside the store.
The Eighth Circuit affirmed the sentence imposed on Kenneth Moore for being a felon in possession of a firearm. The court granted counsel leave to withdraw after finding no non-frivolous issues for appeal.
The First Circuit affirmed Chang Goo Yoon's conviction for health care fraud, rejecting his challenges to evidentiary rulings regarding prior insurance investigations and sentencing enhancements. The court held that evidence of Yoon's knowledge of past investigations was probative of his specific intent and that the district court properly calculated intended loss and applied sentencing enhancements.
The Fourth Circuit vacated the sentence of a defendant convicted of drug trafficking and firearm possession due to a 'Rogers error' involving ambiguous supervised release conditions. The court held that the district court failed to clearly incorporate the correct standing order, creating a material discrepancy between the oral pronouncement and the written judgment.
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 Eleventh Circuit affirmed Javier Hernandez's convictions for migrant smuggling, transporting stolen vessels, and money laundering. The court held that the government's extraction of cell phone data after a warrant's expiration date was lawful under Federal Rule of Criminal Procedure 41 and that the evidence was sufficient to support the jury's verdict.
The Seventh Circuit dismissed Michael Tovar's appeal in a civil forfeiture case because his brief failed to challenge the district court's reasoning on issue preclusion. The court held that Tovar could not relitigate the source of the seized cash, which had already been determined during his criminal sentencing and prior appeal.
The Seventh Circuit granted appointed counsel's motion to withdraw under Anders v. California, dismissing the appeal as frivolous. The court held that the defendant's broad plea agreement waiver barred his challenges and that no non-frivolous issues remained for review.
The Seventh Circuit granted appointed counsel's motion to withdraw and dismissed Kendall Guyton's appeal after determining the case was frivolous under Anders v. California. The court found no non-frivolous grounds to challenge Guyton's sex trafficking conviction or his 324-month sentence.
The First Circuit affirmed a district court's ruling in a civil securities enforcement action against five defendants who participated in a decade-long pump-and-dump scheme. The court upheld the defendants' liability and disgorgement orders while vacating one specific injunction against defendant Paul Sexton for being overly vague.