Topic
Every decision we've filed under Criminal.
The Ninth Circuit affirmed Brian Broderick's conviction for transmitting a threat under 18 U.S.C. § 875(c), finding the evidence sufficient to establish a true threat. The court held that Broderick waived his challenge to excluded psychiatric testimony by withdrawing his notice of intent to present such evidence before the district court ruled.
The Tenth Circuit enforced a defendant's appeal waiver, dismissing her challenge to a 24-month prison sentence for bank fraud. The court found the waiver valid under the three-factor Hahn test and noted no miscarriage of justice.
The Seventh Circuit affirmed Glenn Wooden's conviction and sentence, rejecting his novel argument that the Controlled Substances Act criminalizes only specific optical isomers of methamphetamine. The court held that federal law prohibits all forms of the drug regardless of molecular composition, rendering the government's expert testimony on purity sufficient.
The Fifth Circuit affirmed a 240-month statutory maximum sentence for child pornography possession, rejecting claims that the district court unreasonably weighed the defendant's prior sexual assault conviction. The court held that the district court properly considered the defendant's lack of remorse and the need to protect the public under 18 U.S.C. § 3553(a).
The Fifth Circuit affirmed a 42-month prison sentence for a defendant who brandished a knife while fleeing a Border Patrol agent. The court held that the district court did not clearly err in finding the defendant intended to cause bodily injury, not merely frighten the officer.
The Fifth Circuit reversed Elijah Martin's convictions under 18 U.S.C. § 922(g)(1), holding the statute unconstitutional as applied to him because his predicate offenses were simple drug possession. The court found the government failed to demonstrate a sufficient historical tradition for disarming individuals based on non-violent drug possession under the Bruen test.
The Fourth Circuit affirmed Paris Jamal Graham's conviction for possessing a firearm as a felon, rejecting his Second Amendment challenge as foreclosed by binding precedent. The court found no meritorious grounds for appeal following an Anders review and determined the guilty plea and sentence were lawful.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court concurred with the attorney's assessment under the Anders standard, leaving the district court's judgment in effect.
The Eighth Circuit affirmed the sentence imposed on a defendant convicted of drug and firearm offenses, finding no abuse of discretion by the district court. The court also conducted an independent review of the record and determined there were no non-frivolous issues to pursue on appeal.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with counsel's assessment that the case presented no grounds for appellate reversal under the Anders standard.