Topic
Every decision we've filed under Criminal.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing the defendant on appeal. The court dismissed the criminal appeal after determining that the case presented no nonfrivolous issues for review.
The First Circuit affirmed the prison sentences and multi-million dollar forfeiture orders imposed on the Ponzo brothers for their bribery and fraud schemes involving the Mass Save program. The court rejected arguments regarding sentencing guideline calculations, enhancements, and the constitutionality of the forfeiture amounts, finding the district court's decisions supported by the evidence.
The Fifth Circuit affirmed William Robert Shepherd III's conviction for possessing an unregistered short-barreled shotgun, ruling that his Second Amendment challenges are foreclosed by controlling precedent. The court held that because the statute remains constitutional as applied to short-barreled shotguns, Shepherd's facial challenge to the law must also fail.
The Ninth Circuit affirmed the sentences and restitution orders for three defendants who conspired to defraud their employer, rejecting arguments that the district court erred in calculating loss amounts higher than those stipulated in their plea agreements. The court held that the district judge acted within its discretion to question witnesses and rely on presentence investigation reports to determine the true financial harm.
The First Circuit affirmed the sentences and multi-million dollar forfeiture orders against the Ponzo brothers, rejecting their challenges to sentencing enhancements and the calculation of criminal proceeds. The court held that the brothers' elaborate bribery scheme involving Mass Save contractors justified the prison terms and forfeiture amounts under federal law.
The Fifth Circuit remanded the case to correct a clerical error in the Presentence Investigation Report that retained an inapplicable obstruction of justice enhancement. The court ordered the district court to amend the record to ensure official documents accurately reflect the sentencing proceedings without altering the defendant's conviction or sentence.
The Eleventh Circuit granted the Government's motion to dismiss Rachael Byrd's appeal, enforcing the sentence-appeal waiver contained in her plea agreement. The court held that such waivers remain binding if made knowingly and voluntarily, regardless of any sentencing comments or alleged legal errors raised by the appellant.
The First Circuit affirmed the sentences and forfeiture orders of the Ponzo brothers, who orchestrated a massive bribery scheme involving the Mass Save energy program. The court rejected arguments regarding sentencing miscalculations and the constitutionality of the multi-million dollar forfeiture, upholding the penalties as reasonable and supported by the evidence.
The Fifth Circuit granted appointed counsel's motion to withdraw after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the underlying conviction intact without oral argument.
The Eleventh Circuit affirmed the district court's dismissal of Willie Mitchell Sr.'s amended complaint, ruling that his claims were frivolous and failed to state a valid cause of action. The court held that despite prior orders to clarify his allegations, Mitchell's complaint remained a deficient 'shotgun pleading' barred by statutes of limitations, immunity doctrines, and a lack of private rights of action.