Topic
Every decision we've filed under Criminal.
The Tenth Circuit dismissed an appeal from a supervised release revocation and granted counsel's motion to withdraw after finding all potential arguments frivolous. The court affirmed that the district court's findings of assault and no-contact violations were supported by a preponderance of the evidence.
The Tenth Circuit affirmed a 10-month prison sentence imposed after the revocation of Edward Terrell Glaze's supervised release for multiple drug violations. The court found the district court's sentence procedurally and substantively reasonable, noting the mandatory nature of revocation under federal statute.
The Third Circuit affirmed Joseph Cammarata's conviction for five counts of tax evasion, rejecting his claims regarding insufficient evidence and improper admission of prior fraud evidence. The court further held that Cammarata waived any ineffective assistance claims by proceeding to trial as a self-represented defendant after the district court confirmed his readiness.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Eleventh Circuit dismissed the State of Georgia's appeal for lack of jurisdiction, declining to rule on whether a federal district court can grant a limited remand to allow a state to seek a superseding indictment. The court held that the district court's denial of the motion was not a final, appealable order under the collateral order doctrine or the injunction statute.
The Tenth Circuit affirmed the denial of Jvan Jackson's motion to suppress evidence from three warrantless vehicle searches. The court held that Jackson lacked Fourth Amendment standing for the first search but that officers had reasonable suspicion and probable cause for the subsequent two stops.
The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.
The Fifth Circuit dismissed an appeal from a Southern District of Texas criminal conviction after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief and the defendant's failure to file a response.
The Fifth Circuit affirmed Job Jasso, Jr.'s conviction for possessing firearms in furtherance of drug trafficking, rejecting his claim that the evidence was insufficient. The court held that the proximity of loaded handguns to fentanyl pills was enough for a reasonable juror to find the required intent.
The Fifth Circuit affirmed Pedro Delgado-Ramirez's conviction for illegal reentry, rejecting his challenge to a statutory sentencing enhancement. The court held that the defendant's argument was foreclosed by the Supreme Court's precedent in Almendarez-Torres v. United States.