Topic
Every decision we've filed under Criminal.
The Tenth Circuit enforced a defendant's appeal waiver contained in his plea agreement after he failed to file a response despite multiple extensions. The court determined that the appeal fell within the waiver's scope, the waiver was knowingly and voluntarily made, and enforcing it would not result in a miscarriage of justice.
The Fourth Circuit affirmed the revocation of Anthony P. Spencer's supervised release, ruling that certified state court documents were sufficient evidence of a violation even without a separate determination of guilt. The court held that Spencer failed to preserve his objection to the evidence, triggering a plain error standard that he could not meet.
The Third Circuit affirmed the revocation of Stacy Gallman's supervised release following his commission of aggravated assault and other violations. The court rejected Gallman's challenges to the sentencing conditions and the district court's reasoning, finding the record supported the imposed sentence.
The Fifth Circuit dismissed an appeal because the defendant's valid plea agreement waiver barred him from challenging the constitutionality of his conviction. Consequently, the court declined to address the defendant's Second Amendment challenge to the federal firearms statute.
The Fifth Circuit affirmed Jason Paul Till's within-guidelines sentence for attempted production of child pornography, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Till's claim that the prosecutor made improper comments during the sentencing hearing.
The Eleventh Circuit affirmed the denial of a motion to reduce a drug trafficking sentence based on a retroactive Sentencing Guidelines amendment. The court held that the district court properly weighed the statutory factors and did not abuse its discretion by emphasizing the seriousness of the offense and the defendant's lack of cooperation.
The Fifth Circuit affirmed a conviction for possession with intent to distribute cocaine, ruling that the defendant forfeited his challenge to the traffic stop's duration by failing to address an independent basis for the district court's ruling. The court also found no clear error in the lower court's determination that the defendant's consent to search his vehicle was voluntary under the totality of the circumstances.
The Fifth Circuit affirmed the sentence and restitution order for a defendant convicted of PPP wire fraud conspiracy, rejecting her challenges to the loss calculation and mass-marketing enhancement. The court held that the district court acted within its discretion by relying on conservative estimates from the Presentence Report that the defendant failed to rebut with evidence.
The Fourth Circuit held that a criminal offense carrying a maximum sentence of twelve months qualifies as a crime for which a sentence of one year or longer may be imposed under federal immigration law. Consequently, the petitioner's Virginia Class 1 misdemeanor conviction renders him ineligible for cancellation of removal.
The Ninth Circuit affirmed David Wayne DePape's convictions for attempting to kidnap a federal officer and assaulting a family member of a federal official. The court held that sufficient evidence supported the finding that the crimes were committed on account of the victims' performance of official duties.