Topic
Every decision we've filed under Criminal.
The Eighth Circuit granted counsel leave to withdraw and affirmed the sentence in a criminal appeal involving a firearm offense. The court found no substantive unreasonableness in the sentence and no non-frivolous issues for appeal.
The Fifth Circuit affirmed a criminal conviction and sentence for drug distribution offenses. The court found the district court's denial of safety valve relief and mitigating role adjustment supported by the record.
The Eighth Circuit affirmed the sentences imposed on Alexander Evans for receipt of child pornography and the revocation of his supervised release. The court found no abuse of discretion in the district court's sentencing decisions and granted counsel's motion to withdraw under Anders v. California.
The Tenth Circuit affirmed a one hundred eighty month sentence for assault with a dangerous weapon and possession of a prohibited object. The court held that the district court did not abuse its discretion by prioritizing public protection and deterrence over the defendant's mental health history.
The United States Court of Appeals for the Fifth Circuit affirmed a substantive reasonableness challenge to an above-guidelines sentence for illegal reentry. The court held that the district court properly justified the variance based on specific record facts and statutory factors.
The Eleventh Circuit affirmed a federal sentence enhancement for a serial bank robber, ruling that both federal bank robbery and Florida aggravated assault qualify as crimes of violence under the Sentencing Guidelines. The court held that the mens rea for these offenses meets the requirements for career offender status despite arguments regarding reckless conduct.
The Fifth Circuit affirmed a conviction for illegal reentry after the defendant raised a constitutional challenge to a statutory sentencing enhancement for the first time on appeal. The court held that the argument was foreclosed by binding Supreme Court precedent.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for review.
The Fifth Circuit affirmed the conviction and supervised release revocation of Ronald Fabricio Herrera-Gonzalez for illegal reentry. The court granted the Government's motion for summary affirmance because the appellant's constitutional challenge to the sentencing enhancement was foreclosed by existing precedent.
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 also remanded the case to correct a clerical error in the district court's written judgment regarding the statutory citation.