Topic
Every decision we've filed under Firearms.
The Tenth Circuit granted counsel's motion to withdraw and dismissed the appeal after a de novo review confirmed that any potential arguments were frivolous. The court held that the guilty plea was valid and the ten-year sentence for firearm possession lacked procedural or substantive error.
The Fifth Circuit affirmed Demario Montrell Rodgers's conviction for felon in possession of a firearm, ruling that the district court correctly denied his motion to suppress evidence. The court held that the totality of the circumstances provided reasonable suspicion for the investigatory stop that led to the discovery of the weapon.
The Fifth Circuit affirmed Xavion Watts's conviction and ten-year sentence for possession of a machinegun, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Watts's unpreserved constitutional challenges to the federal machinegun ban under the Second Amendment and Commerce Clause.
The Sixth Circuit affirmed the denial of a motion to suppress a handgun found in a plastic bag on a vehicle's roof. The court held that the gun would have inevitably been discovered during a lawful inventory search of the towed car.
The Fifth Circuit affirmed Dante Delray Vecera's conviction and sentence for possessing a firearm as a felon, rejecting all constitutional challenges to the statute. The court held that Vecera's facial, as-applied, and Commerce Clause arguments were foreclosed by binding precedent.
The Eleventh Circuit affirmed the denial of a motion to disqualify the presiding judge, ruling that judicial rulings and expressions of impatience do not constitute bias under 28 U.S.C. § 455(a). Consequently, the defendant's firearm-related convictions remain in effect.
The Eleventh Circuit affirmed a 264-month sentence for Hobbs Act robbery, holding that the defendant's 2011 Florida aggravated assault conviction properly qualified as a violent felony under the Armed Career Criminal Act. The court rejected the defendant's argument that a recent Supreme Court decision undermined the binding precedent establishing that Florida assault statutes require a knowing mens rea.
The Eleventh Circuit affirmed Stephen Daniel Leonard's conviction for felon in possession of a firearm, rejecting all arguments regarding his self-representation and the necessity defense. The court also granted Leonard's counsel's motion to withdraw, citing incompatibility and compliance with withdrawal rules.
The Eleventh Circuit affirmed Nigel Richardson's convictions for Hobbs Act robbery and firearm offenses, rejecting challenges to the sufficiency of evidence and the indictment's Grand Jury Clause compliance. The court held that Hobbs Act robbery remains a crime of violence under the elements clause and that the indictment's language adequately alleged knowledge of Richardson's felon status.
The Ninth Circuit affirmed the denial of a defendant's second request for substitute counsel but reversed the denial of a third request due to the district court's failure to conduct a required inquiry. The court also vacated the defendant's sentence because the district court incorrectly applied the Sentencing Guidelines regarding what constitutes a crime of violence.