Topic
Every decision we've filed under Criminal.
The Eighth Circuit rejected a facial Second Amendment challenge to the federal ban on firearm possession by unlawful drug users. The panel said existing circuit precedent controls and affirmed the district court's judgment.
The Eighth Circuit affirmed the denial of Marco Uribe's motion for compassionate release under 18 U.S.C. Section 3582(c)(1). The court held that the district court acted within its discretion by relying on the Section 3553(a) factors and Uribe's dangerousness, even though the government agreed he had shown extraordinary and compelling reasons.
The Tenth Circuit affirmed the Smiths' convictions and Amanda Smith's sentence, but vacated Joel Smith's sentence and remanded for resentencing. The court held that the aggravated-assault guideline was sufficiently analogous to Joel Smith's Oklahoma child-abuse-by-injury conviction and that the district court's contrary ruling was procedural error.
The Seventh Circuit vacated Frank Washington the Third's seventy-month felon-in-possession sentence on procedural grounds. The court held that the district court did not adequately explain why that sentence was appropriate under the defendant's individual circumstances.
The United States Court of Appeals for the Tenth Circuit vacated the sentence of Joel Smith due to a procedural error in calculating his sentencing guidelines range. The court affirmed the convictions of both Joel Smith and his wife, Amanda Smith, while remanding for resentencing on the child abuse count.
The Eleventh Circuit affirmed dismissal without prejudice of a pro se amended complaint as a shotgun pleading. The court also denied a motion to supplement the record and for judicial notice of an F.B.I. response letter.
The Fifth Circuit affirmed Francis Kerr's illegal-reentry conviction and sentence. The court rejected his claim that the district court's denial of a for-cause juror challenge deprived him of a fair trial.
The Fourth Circuit affirmed the denial of Melvin Maxwell's suppression motion and upheld his sentence. The court held the traffic stop and trunk search were lawful and found no procedural error in the within-Guidelines sentence.
The Fifth Circuit dismissed Keysi Gonzalez-Madrid's appeal after appointed counsel filed an Anders brief and moved to withdraw. The court said any challenge to the sentence was moot because Gonzalez-Madrid had been released from custody and had no term of supervised release.
The Fifth Circuit affirmed an above-guidelines sentence for illegal reentry. The court held that the defendant did not show the upward variance was substantively unreasonable or inadequately explained.