Topic
Every decision we've filed under Criminal.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court simultaneously denied the defendant's separate motion to dismiss as moot, resolving the case by excusing counsel from further representation.
The Ninth Circuit affirmed Koby Don Williams's conviction for attempted online enticement of a minor but vacated his sentence due to a procedural error in applying a sentencing enhancement. The court held that the district court failed to make the specific factual findings required to support an obstruction of justice enhancement based on the defendant's trial testimony.
The Ninth Circuit affirmed summary judgment for Bank of America, holding that the International Emergency Economic Powers Act shields financial institutions from liability for good-faith compliance programs based on OFAC guidelines. The court ruled that the liability shield applies to actions permitted by regulatory guidance, not just those strictly compelled by the Iranian Transactions and Sanctions Regulations.
The Sixth Circuit affirmed the denial of a motion to suppress a handgun found in a plastic bag on a vehicle's roof. The court held that the gun would have inevitably been discovered during a lawful inventory search of the towed car.
The Fifth Circuit granted appointed counsel's motion to withdraw after an independent review found no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the district court's judgment in effect.
The Fifth Circuit affirmed Dante Delray Vecera's conviction and sentence for possessing a firearm as a felon, rejecting all constitutional challenges to the statute. The court held that Vecera's facial, as-applied, and Commerce Clause arguments were foreclosed by binding precedent.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Bennie Ferrell, Jr., after determining the appeal presented no nonfrivolous issues. The court dismissed the appeal without addressing the merits of the underlying criminal conviction.
The Fifth Circuit held that the federal prohibition on home distilling of consumable spirits violates the Constitution's Taxing and Necessary and Proper Clauses. However, the court reversed the district court's broad injunction, remanding the case for a narrower remedy that strikes only the unconstitutional provisions while preserving the statutory framework.
The Eleventh Circuit affirmed Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights. The court held that applying the correct one-frame-one-image rule would likely increase, rather than decrease, the total image count, meaning no prejudice existed.
The Eleventh Circuit affirmed a 97-month prison sentence for migrant smuggling, ruling that the district court did not violate the Sixth Amendment by considering acquitted conduct to apply sentencing enhancements. The court held that under binding precedent, acquitted conduct may be used at sentencing if proven by a preponderance of the evidence.