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 Tenth Circuit affirmed Christian Cole's 240-month prison sentence, rejecting his challenges to a sentencing enhancement and the reasonableness of the term. The court held that the district court properly applied the firearm enhancement and that the downward variance was justified by Cole's specific circumstances.
The Sixth Circuit affirmed Michael Williams's within-Guidelines sentence for violating his supervised release, rejecting his claim that the district court impermissibly relied on retributive factors. The court held that the district court properly considered the breach of trust and the need for deterrence when imposing consecutive sentences for the new offense and the revocation.