Topic
Every decision we've filed under Criminal.
The Fourth Circuit affirmed the district court's denial of Eric Lee Smith's motion for a new trial, finding no abuse of discretion in the lower court's ruling. The court held that Smith failed to meet the stringent five-part standard required to prove newly discovered evidence would likely result in acquittal.
The Seventh Circuit dismissed an appeal challenging a district court's denial of qualified immunity because the lower court's ruling was not a final adjudication. The appellate court held that the district court's decision to deny immunity without prejudice and invite further arguments at summary judgment did not satisfy the collateral order doctrine.
The Seventh Circuit affirmed Lennie Perry's conviction, ruling that the district court properly denied his midtrial request for a sixth appointed attorney after he had twice validly waived his right to counsel. The court held that once a defendant knowingly and voluntarily waives the Sixth Amendment right to self-representation, the judge may hold him to that decision without reassessing his motives or the potential for delay.
The Eleventh Circuit affirmed the denial of David Antoine Luster's motion for compassionate release, ruling that his claim of an unusually long sentence did not constitute an extraordinary and compelling reason for relief. The court held that the district court properly weighed the severity of Luster's bank robbery convictions and firearm offenses against the non-retroactive changes in law under the First Step Act.
The Tenth Circuit dismissed the direct appeal of a mail fraud defendant who had signed an appeal waiver, ruling that no valid claims fell outside the waiver's scope. The court found that enforcing the waiver would not result in a miscarriage of justice and directed any ineffective assistance claims to be raised in a collateral proceeding.
The Tenth Circuit affirmed the denial of James Nemeth's motions to suppress evidence and dismiss charges, ruling that his Fourth Amendment argument was procedurally waived and his Second Amendment challenge is foreclosed by binding precedent. The court held that Nemeth failed to preserve the specific claim that a dog sniff at his motel door violated his privacy interest inside the room, and his challenge to the felon-in-possession statute is barred by the circuit's recent decision in Vincent v. Bondi.
The Tenth Circuit granted counsel's motion to withdraw and dismissed the appeal after a de novo review confirmed that any potential arguments were frivolous. The court held that the guilty plea was valid and the ten-year sentence for firearm possession lacked procedural or substantive error.
The Fifth Circuit affirmed Demario Montrell Rodgers's conviction for felon in possession of a firearm, ruling that the district court correctly denied his motion to suppress evidence. The court held that the totality of the circumstances provided reasonable suspicion for the investigatory stop that led to the discovery of the weapon.
The Fifth Circuit affirmed Xavion Watts's conviction and ten-year sentence for possession of a machinegun, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Watts's unpreserved constitutional challenges to the federal machinegun ban under the Second Amendment and Commerce Clause.
The Fifth Circuit affirmed the revocation of Maurice Coleman's supervised release and his 18-month prison sentence. The court held that Coleman's constitutional challenge to 18 U.S.C. § 3583(g) is foreclosed by its prior decision in United States v. Garner.