Topic
Every decision we've filed under Criminal.
The Eleventh Circuit dismissed a pro se appeal filed by Jutaurio Clemons as duplicative of a previously pending appeal regarding his conviction and sentencing. The court held that Clemons lacks standing to challenge a post-judgment forfeiture order because his interest in the property was extinguished by the earlier preliminary order.
The Eleventh Circuit granted the Government's motion to dismiss an appeal because the defendant signed a valid plea agreement containing a sentence appeal waiver. The court held that such waivers are enforceable even when they cover debatable legal issues or procedural due process challenges, provided they were made knowingly and voluntarily.
The Fifth Circuit affirmed a 162-month prison sentence for a felon in possession of a firearm, rejecting arguments regarding sentencing enhancements. Because the defendant failed to preserve his objections in the district court, the appellate court reviewed the case only for plain error and found no clear mistake.
The Fifth Circuit dismissed the criminal appeal of Erick Roman Gonzalez after finding no nonfrivolous issues for review. The court granted appointed counsel's motion to withdraw following an Anders brief analysis.
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 Third Circuit affirmed Christopher Miller's sentence for bank fraud and identity theft, ruling that while the District Court erred in its legal analysis of the Sentencing Guidelines, the mistake was harmless. The appellate court held that applying the correct ambiguity standard still supported the five-participant enhancement based on the aggregate involvement of participants and non-participants.
The First Circuit affirmed Kevin Lee Ross's conviction for possessing child pornography, ruling that the district court properly admitted graphic exhibits despite a joint stipulation. The court held that the evidence was necessary to prove Ross's knowledge of the illicit material, which he denied, and that its probative value was not substantially outweighed by unfair prejudice.
The Tenth Circuit affirmed the district court's denial of a motion to suppress evidence found in a vehicle, ruling that officers possessed probable cause to search the SUV. The court held that the totality of circumstances, including the smell of burnt marijuana, inconsistent travel stories, and the driver's nervousness, established a fair probability of finding contraband.
The Third Circuit affirmed the dismissal of an appellant's amended complaint, ruling that the filing failed to meet federal pleading standards. The court held that the complaint was unintelligible, improperly joined unrelated claims, and sued a judge protected by immunity.
The Tenth Circuit denied a petition for a writ of mandamus because the underlying motion for compassionate release was resolved by the district court while the appeal was pending. The court held that the request became moot once the lower court issued its ruling on the motion.