Topic
Every decision we've filed under Criminal.
The Fourth Circuit affirmed a defendant's resentencing, rejecting her claim that the increased sentence resulted from judicial vindictiveness. The court held that because a different judge imposed the new sentence, the presumption of retaliatory motivation does not apply, and the defendant failed to prove actual animus.
The Fourth Circuit affirmed a 96-month sentence for a felon in possession of ammunition, ruling that any error in applying a sentencing enhancement was harmless. The court held that the district court would have imposed the same sentence based on statutory factors regardless of the disputed Guidelines calculation.
The Eleventh Circuit affirmed Saleem Naazir Hakim's tax convictions, ruling that admitting probation testimony did not violate his Fifth Amendment rights. The court found no plain error because Hakim failed to unambiguously invoke his privilege against self-incrimination and the government demonstrated its evidence derived from independent sources.
The Fourth Circuit affirmed Vinson Thompson's Armed Career Criminal Act sentence because his challenge regarding the lack of a jury finding was procedurally barred by the plain error standard. The court concluded that while the district court erred by not advising Thompson of his right to a jury on the 'different occasions' element, the error did not affect his substantial rights given the overwhelming evidence of his criminal history.
The Ninth Circuit affirmed Robert Charles Kay's conviction for possession of controlled substances with intent to distribute. The court held that the warrantless search of Kay's vehicle was constitutional under the plain view doctrine and the automobile exception to the Fourth Amendment.
The Eleventh Circuit affirmed a drug trafficking sentence where the district court's initial oral pronouncement exceeded the statutory maximum. The court held that a lawful written judgment controls over an oral pronouncement that violates the plain language of the statute.
The Eleventh Circuit affirmed Amos Christolin's drug trafficking convictions, rejecting his claim that his ambiguous statement in Haitian Creole constituted an unequivocal invocation of his right to remain silent. The court further held that the district court's admission of an agent's translations did not violate the Confrontation Clause under plain error review.
The Eleventh Circuit granted the Government's motion to dismiss an appeal, enforcing a waiver of appellate rights contained in the defendant's plea agreement. The court held that the waiver was binding because it was entered knowingly and voluntarily, covering even blatant legal errors.
The Eleventh Circuit dismissed Aaron Thompson's appeal of his 41-month sentence because his plea agreement contained a valid waiver barring substantive reasonableness challenges. The court held that Thompson knowingly and voluntarily entered the plea after the district court properly advised him of the waiver's scope.
The Eleventh Circuit dismissed Aaron Thompson's appeal of his 41-month sentence because his plea agreement contained a valid waiver of his right to appeal. The court held that Thompson knowingly and voluntarily waived his appellate rights, and none of the specific exceptions to that waiver applied to his case.