Topic
Every decision we've filed under Criminal.
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.
The Eleventh Circuit affirmed Lawrence Alexander's conviction for making false statements to Medicare but vacated his restitution order due to insufficient evidence of actual loss. The court held that while the false statement was material to the enrollment process, the government failed to prove that Medicare specifically relied on the 2019 form to pay the claims at issue.
The Fifth Circuit denied the petition for rehearing en banc, affirming that it remains bound by Supreme Court precedent allowing sentencing courts to consider conduct for which a defendant was acquitted. While the court expressed deep concern regarding the constitutional and fairness implications of this practice, it concluded that the specific facts of this case did not warrant a departure from binding authority.
The Sixth Circuit affirmed the armed robbery convictions of Fredrick Eugene Carney and William John Ewing, rejecting challenges to the denial of severance, the admission of other-acts evidence, and the sufficiency of the evidence for a firearms conviction. The court also upheld the denial of Carney's motion to suppress, finding he lacked standing to challenge the seizure of his vehicle from a third party's residence.
The Tenth Circuit affirmed a 120-month prison sentence for a felon in possession of a firearm, ruling that the district court acted within its discretion to impose an upward variance. The court held that the defendant's pattern of escalating domestic violence and threats against police provided a cogent justification for the sentence despite the advisory guidelines range.
The Tenth Circuit affirmed Ryan Carl Lowmaster's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge as foreclosed by binding circuit precedent. The court relied on its prior decision in Vincent v. Garland, which was readopted after the Supreme Court denied certiorari on the matter.
The Tenth Circuit enforced a defendant's appeal waiver because his 24-month sentence fell within the scope of his plea agreement and did not exceed the applicable Sentencing Guidelines range. The court rejected the defendant's pro se arguments regarding the voluntariness of his plea and the nature of the offense, finding no miscarriage of justice.
The Third Circuit affirmed Carlton Rembert's conviction for defrauding incapacitated persons, rejecting his challenges to venue, evidence suppression, and the sufficiency of the evidence. The court held that the District Court did not abuse its discretion in denying Rembert's pretrial motions and that the jury's guilty verdict was supported by sufficient evidence despite the defendant's legal blindness.
The Third Circuit affirmed the District Court's grant of summary judgment in a civil rights case brought by a Philadelphia activist against police officers and the city. The court held that the plaintiff failed to demonstrate personal involvement by the defendants in his arrest or any violation of his First Amendment rights.