Topic
Every decision we've filed under Criminal.
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).
The Eighth Circuit vacates Paul Parrow's conviction for possession with intent to distribute controlled substances due to a district court's erroneous exclusion of evidence regarding a co-owner's drug history. The court affirmed the conspiracy conviction, finding the evidentiary error harmless for that count, but ordered a new trial on the possession charge where the excluded evidence was critical to the defense.
The Eleventh Circuit affirmed Jermaine Campbell's 144-month sentence, rejecting his claim that the district court acted unreasonably by limiting its review of sentencing comparators to the Middle District of Florida. The court held that the geographic limitation did not preclude a proper assessment of sentencing disparities or render the sentence procedurally or substantively unreasonable.
The First Circuit vacated a conviction for unlawful force because the government introduced a hearsay statement from an unavailable victim, violating the Sixth Amendment Confrontation Clause. The court affirmed the remaining convictions for obstruction and falsifying records, which were supported by sufficient evidence, and remanded for a new trial limited to the vacated count.
The Tenth Circuit affirmed Thomas Fairbanks's securities fraud convictions, ruling that the district court properly denied his motion to sever the counts and that sufficient evidence supported the verdict. The court found the joint trial did not prejudice the defendant and that the evidence established a unified fraudulent scheme against multiple victims.
The Tenth Circuit affirmed the dismissal of claims against Texas officials but reversed the dismissal of claims against a Colorado social services worker. The court held that while the Rooker-Feldman doctrine bars challenges to the underlying Texas child support order, it does not preclude a due process claim regarding the refusal to hold a hearing on modified financial circumstances.
The Sixth Circuit affirmed the reasonableness of an 18-month prison sentence for a defendant who repeatedly violated supervised release conditions. However, the court vacated an additional one-year supervised release term because it exceeded the statutory maximum allowed under 18 U.S.C. § 3583(h).
The Sixth Circuit affirmed the RICO and VICAR convictions of three MS-13 members, rejecting challenges to a protective sweep, jury selection, and expert testimony. The court upheld the district court's evidentiary rulings and found sufficient evidence to support the life sentences imposed for gang-related murders.