Topic
Every decision we've filed under Firearms.
The Fifth Circuit affirmed George Dennis Moore's conviction for possessing a firearm as a felon, rejecting his constitutional challenges as foreclosed by controlling precedent. The court held that while the statute is constitutional on its face, Moore's status as a probationer at the time of the offense precludes an as-applied challenge.
The Tenth Circuit affirmed Brian Keith Mays's sentence, rejecting his claim that denying a sentencing reduction for acceptance of responsibility violated his Sixth Amendment right to a jury trial. The court held that the Sentencing Guidelines do not impermissibly penalize defendants for exercising trial rights when those defendants fail to demonstrate genuine remorse.
The Fifth Circuit dismissed an appeal challenging a sentencing enhancement because the defendant's plea agreement contained a valid waiver of that right. The court found the waiver's plain language covered the specific firearm possession circumstances at issue.
The Fourth Circuit affirmed a 96-month sentence for a felon in possession of ammunition, ruling that any error in applying a sentencing enhancement was harmless. The court held that the district court would have imposed the same sentence based on statutory factors regardless of the disputed Guidelines calculation.
The Fourth Circuit affirmed Vinson Thompson's Armed Career Criminal Act sentence because his challenge regarding the lack of a jury finding was procedurally barred by the plain error standard. The court concluded that while the district court erred by not advising Thompson of his right to a jury on the 'different occasions' element, the error did not affect his substantial rights given the overwhelming evidence of his criminal history.
The Eleventh Circuit affirmed Myking Dayquan Green's conviction for felon-in-possession, ruling that a firearm found in plain sight on the floorboard of a vehicle supported constructive possession. The court further held that the district court acted within its discretion to dismiss a juror who refused to follow instructions and failed to listen to the evidence.
The Tenth Circuit affirmed Maurice Lacey's conviction for firearm possession, ruling that the district court did not clearly err in finding him mentally competent to stand trial. The appellate court determined that a second psychological evaluation, which found the defendant alert and knowledgeable, outweighed conflicting evidence regarding his delusions.
The Fifth Circuit affirmed Joshua Ryan Burns's conviction for possessing a firearm as a convicted felon, rejecting his constitutional challenges as foreclosed by binding precedent. The court granted the government's motion for summary affirmance without oral argument, leaving the district court's judgment in full force.
The Fourth Circuit affirmed a 200-month sentence for a firearms conviction, ruling that while the district court erred by determining the 'different occasions' of prior felonies without a jury, the mistake was harmless. The court held that the defendant would have waived his right to a jury and admitted the prior offenses occurred on separate occasions had he been properly advised during his guilty plea.
The Fourth Circuit affirmed Xavier Holley's 40-year sentence for a failed pawn shop robbery that resulted in a clerk's death. The court rejected Holley's challenges regarding sentencing guidelines grouping, consecutive sentence authority, and ineffective assistance of counsel.