Topic
Every decision we've filed under Criminal.
The Eighth Circuit affirmed the defendant's convictions for simple assault and felon in possession of a firearm but vacated his sentence due to a sentencing error. The court held that the district court plainly erred by applying a sentencing enhancement based on conduct for which the defendant had been acquitted.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal after finding the record insufficient to evaluate a claim of ineffective assistance of counsel. The court granted the appointed attorney's motion to withdraw under Anders v. California procedures.
The Eighth Circuit affirmed a federal sentence for cyberstalking, rejecting the defendant's claim that the district court violated the Tapia rule by considering rehabilitation. The court held that the sentencing judge imposed an upward variance primarily for public protection and deterrence, not to promote the defendant's rehabilitation.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Alton Frank Nichols due to an insufficiently developed record. The court granted the appointed attorney's motion to withdraw after finding no nonfrivolous issues for appellate review.
The Eighth Circuit enforced an appeal waiver contained in a plea agreement and dismissed the defendant's challenge to his sentence. The court rejected the argument that the district court's failure to explain its sentencing rationale constituted a miscarriage of justice.
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 appellate review.
The Eighth Circuit affirmed a district court sentence below the United States Sentencing Guidelines range. The court found no abuse of discretion and identified no non-frivolous issues for appeal.
The Sixth Circuit affirmed a district court ruling that a federal psychiatrist is not entitled to immunity under the Westfall Act for alleged sexual and romantic misconduct with a patient, while granting immunity for non-sexual professional negligence.
The United States Court of Appeals for the First Circuit affirmed the dismissal of a data breach class action, holding that the plaintiff lacked Article III standing due to insufficient allegations linking her injury to the defendant's breach.
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 appellate review.