Topic
Every decision we've filed under Criminal.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Luis Adrian Torres-Tamayo after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the defendant's conviction in place without further judicial review of his claims.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Daniel Ramirez after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the underlying criminal conviction in place.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
The Eleventh Circuit affirmed convictions under the Maritime Drug Law Enforcement Act, holding that binding precedent forecloses constitutional challenges regarding the statute's validity and the lack of a U.S. nexus. The court further ruled that recent Sentencing Guidelines amendments are substantive and do not apply retroactively to alter the defendants' sentences.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues existed for review. The court concurred with the attorney's assessment that the case presented no grounds for a successful appeal.
The Eleventh Circuit affirmed Hector Caballero's convictions and 210-month sentence for drug trafficking aboard a vessel subject to U.S. jurisdiction. The court rejected Caballero's constitutional challenges to the Maritime Drug Law Enforcement Act and found no error in the district court's sentencing calculations or substantive reasonableness.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Eleventh Circuit affirmed a 42-month prison sentence for a federal inmate who stabbed a fellow prisoner with a shank, rejecting claims that the sentence was unreasonably high. The court held that the district judge properly weighed the statutory factors under 18 U.S.C. § 3553(a) and the Guidelines' recommendation of ten to sixteen months against the defendant's violent conduct.
The Ninth Circuit affirmed a jury verdict for an employee terminated for prescription pain medication use, rejecting the employer's claim that the termination was a nonjusticiable security clearance decision. The court held that medical and physical fitness standards under 10 C.F.R. § 1046 are distinct from predictive national security judgments protected by the Supreme Court's decision in Department of Navy v. Egan.
The Eleventh Circuit affirmed the dismissal of Robert Walker's civil suit against judges, a law firm, and the Florida Bar for failure to state a claim. However, the court remanded the case to correct the procedural record, ordering that dismissals based on sovereign immunity be entered without prejudice to allow for potential refiling.