Topic
Every decision we've filed under Criminal.
The United States Court of Appeals for the Sixth Circuit affirmed the drug trafficking and firearms convictions of Jerlen Horton and Jacoby Summers. The court found the evidence sufficient to prove firearm possession in furtherance of drug trafficking and determined that any trial errors were harmless.
The Eleventh Circuit affirmed the conviction and sentence of a defendant charged with being a felon in possession of a firearm. The court held that police had probable cause to search the rental vehicle and that the sentencing enhancement for possessing a firearm in connection with another felony was properly applied.
The Eighth Circuit affirmed a district court's denial of a sentence reduction motion filed by a defendant bound by a plea agreement. The court held that the sentence was not based on the Sentencing Guidelines range because the agreement allowed the defendant to avoid a mandatory life sentence.
The Eleventh Circuit dismissed an appeal filed by a pro se defendant more than fourteen years after the final judgment in his criminal case. The court held that the notice of appeal was untimely and did not qualify for an extension under the Federal Rules of Appellate Procedure.
The Eighth Circuit affirmed a ninety-six-month prison sentence for a defendant convicted of possessing ricin. The court held that the district court did not abuse its discretion in imposing a within-Guidelines sentence despite the defendant's arguments regarding his criminal history and personal circumstances.
The Eleventh Circuit vacated a defendant's sentence because the district court failed to provide a specific justification for an upward variance from the Sentencing Guidelines range. The court held that merely reciting statutory factors without explaining their application to the case facts constitutes reversible procedural error.
The Eighth Circuit affirmed the conviction of Nicholas Dewayne Rogers for being a felon in possession of a firearm. The court held that Rogers waived his right to challenge the suppression of evidence because he entered an unconditional guilty plea.
The Fourth Circuit dismissed an appeal filed by a defendant who had waived his right to challenge his conviction and sentence in a plea agreement. The court found that the issues raised by counsel fell within the scope of the valid waiver and that no meritorious grounds for appeal existed.
The Eighth Circuit affirmed a district court's upward variance in sentencing for a felon in possession of a firearm. The court held that the lower court properly weighed the defendant's extensive criminal history despite his arguments regarding mitigating factors.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal challenging a seventeen-year prison sentence for discharging a firearm during a violent crime. Appointed counsel filed an Anders brief asserting the appeal was wholly frivolous, and the panel agreed after reviewing the record.