Topic
Every decision we've filed under Firearms.
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 Ninth Circuit affirmed a defendant's enhanced sentence, holding that an Oregon conviction for attempted first-degree assault qualifies as a crime of violence under the Sentencing Guidelines. The court clarified that the force clause requires only a substantial step toward the use of physical force, distinct from the stricter probable desistance test used in other contexts.
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 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 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 Fifth Circuit affirmed the conviction of a convicted felon for possession of a firearm, rejecting his constitutional challenges to the federal statute. The court held that binding precedent foreclosed the defendant's Second Amendment claim and that he had conceded his Commerce Clause argument.
The Fifth Circuit affirmed Robert Carlos Cerrillo's conviction and sentence for unlawful firearm possession, rejecting his claim that the district court erred in applying an enhanced sentencing guideline based on attempted murder. The court further held that Cerrillo's facial constitutional challenge to the federal firearms statute was foreclosed by controlling precedent.
The Fourth Circuit affirmed a 120-month sentence for firearm possession by a felon, ruling that any error in calculating the Sentencing Guidelines was harmless. The court held that the district court would have imposed the same sentence regardless of the Guidelines calculation and that the sentence was substantively reasonable given the defendant's conduct.