Topic
Every decision we've filed under Criminal.
The Ninth Circuit affirmed Daekun Cho's convictions for extortion and carjacking, ruling that any evidentiary errors at trial were harmless given the overwhelming proof of guilt. The court also upheld the sentencing enhancement for victim vulnerability, finding that Cho targeted victims based on their immigration status and language barriers.
The Ninth Circuit affirmed the denial of a motion to dismiss an illegal reentry charge, holding that a California rape conviction categorically matches the federal definition of rape as an aggravated felony. Because the state offense qualifies as an aggravated felony, the defendant could not satisfy the fundamental unfairness requirement necessary to collaterally attack his removal order.
The Ninth Circuit affirmed the dismissal of a Title VII religious accommodation claim because the plaintiff failed to plead a bona fide religious belief sufficiently distinct from secular medical concerns. The court held that general prayer and broad religious tenets, without a clear nexus to specific religious doctrine, cannot elevate personal medical judgments to the level of protected religious conviction.
The Ninth Circuit affirmed summary judgment upholding a federal firearm prohibition against a man convicted of a local misdemeanor domestic violence offense. The court rejected arguments that the law violated the Ex Post Facto Clause or the Second Amendment, ruling that the statute regulates conduct and applies to local convictions.
The Eighth Circuit affirmed Raheam McLean's supervised release revocation sentence, finding no plain error in the district court's explanation or alleged Tapia violation due to a failure to preserve objections. The court modified the written judgment to remove an erroneous reference to a mandatory condition that did not match the oral pronouncement.
The Seventh Circuit affirmed Omari Andrews's conviction for possessing firearms in furtherance of drug trafficking, finding the evidence sufficient based on his own admission of four guns during a jail call. The court also upheld the district court's decision to admit fingerprint expert testimony, ruling that the defendant's late objection was untimely and that the expert's methodology was reliable.
The Eighth Circuit affirmed the denial of a prisoner's motion for compassionate release, ruling that the district court did not abuse its discretion. The appellate court found the lower court properly weighed the defendant's serious medical conditions against the statutory sentencing factors.
The Eleventh Circuit granted the Government's motion to dismiss Sheldon Jason Burch's appeal with prejudice, enforcing a waiver of his right to appeal his sentence. The court held that the waiver, entered into knowingly and voluntarily, bars all challenges to the sentence, including those based on difficult legal issues or blatant error.
The Eighth Circuit affirmed the denial of a motion to dismiss a firearm possession charge, holding that a panel cannot overrule a prior panel's decision on the constitutionality of 18 U.S.C. § 922(g)(3). The court rejected the defendant's request to reconsider settled Second Amendment precedent established in United States v. Veasley.
The Eleventh Circuit affirmed the denial of safety-valve relief to a defendant convicted of drug trafficking, holding that his possession of firearms was in connection with the offense. The court found that a pattern of mixed drug and firearm sales from the same location facilitated the drug enterprise, precluding relief under 18 U.S.C. § 3553(f).