Topic
Every decision we've filed under Criminal.
The Eleventh Circuit held that while a district judge erred by determining ACCA predicate offenses occurred on different occasions without a jury, the mistake was harmless. The court affirmed the sentence because the eighteen-year gaps between crimes made it inconceivable a jury would have reached a different conclusion.
The Eleventh Circuit held that while a judge's determination of ACCA predicate offenses violated the defendant's right to a jury trial under Erlinger, the error was harmless. The court affirmed the sentence because the eighteen-year gaps between the crimes made it impossible for them to have occurred on the same occasion.
The Tenth Circuit affirmed Brian Keith Mays's sentence, rejecting his claim that denying a sentencing reduction for acceptance of responsibility violated his Sixth Amendment right to a jury trial. The court held that the Sentencing Guidelines do not impermissibly penalize defendants for exercising trial rights when those defendants fail to demonstrate genuine remorse.
The Fourth Circuit affirmed the revocation of Gregory Largent's supervised release and his 18-month prison sentence, rejecting his claim that the district court erred by modifying a contact condition without a separate hearing. The court held that Largent failed to demonstrate plain error, as he had counsel and an opportunity to present evidence during the proceeding.
The Fourth Circuit vacated a district court dismissal of a pro se excessive force complaint, ruling that the lower court applied an overly strict pleading standard and failed to include a second officer as a defendant. The appellate court held that the plaintiff's allegations, accepted as true, sufficiently stated a plausible claim under the Fourth Amendment's reasonableness test.
The Ninth Circuit affirmed Schylar Colfax's conviction for abusive sexual contact with a minor, finding the evidence sufficient to prove intent to gratify sexual desire. The court rejected challenges regarding witness credibility, the suppression of statements, and the admission of prior bad acts, concluding no reversible error occurred.
The Tenth Circuit affirmed Maurice Lacey's conviction for firearm possession, ruling that the district court did not clearly err in finding him mentally competent to stand trial. The appellate court determined that a second psychological evaluation, which found the defendant alert and knowledgeable, outweighed conflicting evidence regarding his delusions.
The Tenth Circuit affirmed the denial of a duress jury instruction in a prosecution for unlawful reentry, holding that the defendant failed to prove he lacked a reasonable opportunity to escape his abuser. The court ruled that the defendant's evidence did not satisfy the statutory elements required for the defense under 8 U.S.C. § 1326.
The Tenth Circuit affirmed the dismissal of RICO claims against tribal officials in their official capacities, ruling that tribal sovereign immunity remains intact for such suits. However, the court reversed the dismissal of Indian Gaming Regulatory Act claims, holding that Congress expressly abrogated tribal immunity for these specific statutory violations.
The Fifth Circuit dismissed an appeal challenging a sentencing enhancement because the defendant's plea agreement contained a valid waiver of that right. The court found the waiver's plain language covered the specific firearm possession circumstances at issue.