Topic
Every decision we've filed under Criminal.
The Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release because he was sentenced after the relevant sentencing guideline amendment took effect. The court also dismissed the defendant's appeal regarding a final forfeiture order, ruling that he lacked standing since his property rights were already settled by the preliminary forfeiture order.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court's decision confirms that the district court's judgment remains in effect while excusing the defendant from further appellate proceedings.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case presented no grounds for appellate relief under the Anders standard.
The Fifth Circuit affirmed Julius Augillard's 70-month sentence, ruling that his prior state conviction qualified as a controlled substance offense under the realistic probability test. However, the court vacated part of the judgment because the district court failed to orally pronounce a discretionary supervised release condition that appeared in the written order.
The Eleventh Circuit affirmed drug trafficking convictions under the Maritime Drug Law Enforcement Act, rejecting challenges that the statute lacks constitutional authority over offenses in foreign Exclusive Economic Zones. The court held that the vessel was subject to U.S. jurisdiction because the master failed to claim nationality, and that foreign cooperation does not strip American courts of authority.
The Fourth Circuit affirmed Nikonda Taye Ingram's conviction and sentence after finding his plea agreement waiver of appeal rights was valid and knowing. The court dismissed the appeal on issues covered by the waiver and found no meritorious grounds for appeal outside that scope following an Anders review.
The Tenth Circuit affirmed Michael Anthony Rangel's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge. The court held that binding precedent remains unchanged following recent Supreme Court decisions, meaning the statute's constitutionality stands.
The Fourth Circuit affirmed the district court's judgment revoking Cecil Edward Jackson's supervised release and imposing a time-served sentence followed by one year of supervision. The court held that the revocation was supported by Jackson's voluntary admission and the sentence was procedurally and substantively reasonable under applicable law.
The Tenth Circuit reversed Thomas Petro's conviction because the prosecutor's closing argument improperly declared that the defendant's presumption of innocence had been removed before deliberations began. The court held that these remarks, combined with the presentation of a nude photo, unfairly shifted the burden of proof and prejudiced the jury's impartiality.
The Fourth Circuit affirmed Tony Nico Clark's conviction while dismissing his sentencing appeal based on a valid appellate waiver. The court found no plain error in the district court's acceptance of Clark's guilty plea, upholding the sentence as a lawful downward variance.