Topic
Every decision we've filed under Criminal.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a motion for a new trial. The appellate court found no reversible error in the record after reviewing the case.
The Fourth Circuit Court of Appeals affirmed the district court's denial of Robert Peter Russell's motion for a new trial. The appellate court found no reversible error in the record to justify granting a new trial under Federal Rule of Criminal Procedure 33.
The Ninth Circuit held that the Mandatory Victims Restitution Act authorizes the government to seize funds accumulated gradually from multiple sources in an inmate's trust account. The court affirmed the district court's order turning over over $1,200 to satisfy unpaid restitution obligations.
The Ninth Circuit affirmed Philip Powers III's convictions for setting three forest fires, ruling that his necessity defense failed because his actions were objectively unreasonable and he did not face imminent harm at the time of the first fire. The court held that even in a life-threatening situation, a defendant must choose the safest available method to signal for help, and Powers failed to meet this standard.
The Ninth Circuit affirmed Brandon Wade Kurns's conviction and sentence for being a felon in possession of a firearm. The panel held that photographic evidence and ATF transfer forms sufficiently proved the enhancements applied, and that the district court did not violate the Fifth Amendment by suggesting Kurns could testify to rebut the government's case.
The Ninth Circuit affirmed the dismissal of a lawsuit against Grindr, holding that Section 230 of the Communications Decency Act bars state law tort claims against the app for injuries sustained by an underage user. The court further ruled that the plaintiff failed to plausibly allege Grindr was a knowing perpetrator or beneficiary of sex trafficking, precluding relief under the FOSTA statutory exception.
The Second Circuit reversed Edward Mangano's convictions for federal programs bribery, ruling the evidence insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his convictions for honest services fraud and obstruction of justice, as well as his wife's convictions for those crimes and making false statements.
The Second Circuit reversed Edward Mangano's federal programs bribery convictions, ruling that the evidence was insufficient to prove he was an agent of the Town of Oyster Bay. The court affirmed his honest services fraud and obstruction of justice convictions, holding that the jury instructions were proper and the evidence sufficient to support those charges.
The Ninth Circuit affirmed a 28-year federal sentence for child pornography production, ruling that a prior Washington child molestation conviction triggers a statutory ten-year mandatory minimum enhancement. The court also rejected an unpreserved argument that the district court erred by declining to recommend concurrent service with anticipated state sentences.
The Second Circuit vacated the dismissal of a securities fraud class action, holding that minority shareholders adequately alleged loss causation and that the scienter of conflicted directors is imputable to the company. The court ruled that the fraud-on-the-market presumption applies to shareholders who forfeited appraisal rights in a freeze-out merger, allowing the case to proceed to trial.