Topic
Every decision we've filed under Firearms.
The Sixth Circuit affirmed Paul Curry's convictions for drug trafficking and firearm offenses, finding the evidence sufficient to prove intent to distribute and that the firearm facilitated the crime. The court also upheld the admission of jail call recordings and rejected Curry's challenge to his sentence, which fell within the recommended Guidelines range.
The Sixth Circuit vacated a district court's dismissal of a felon-in-possession indictment because the lower court applied an incorrect legal standard for Second Amendment challenges. The appellate court instructed the district court to reconsider the motion under the current framework established in United States v. Williams.
The Eighth Circuit affirmed Jimmy Clyde Timberlake's conviction and 180-month sentence for felon in possession of a firearm and drug trafficking offenses. The court rejected challenges regarding the admission of a non-testifying witness's statement and the use of a prior drug-trafficking conviction, finding no reversible error in the district court's proceedings.
The Fifth Circuit reversed a district court's dismissal of an indictment charging a Roblox user with transmitting threats in interstate commerce. The appellate court held that determining whether online statements constitute unprotected true threats requires a trial to resolve disputed factual questions about context and intent.
The Eighth Circuit affirmed Oscar Navarro-Zepeda's conviction and 204-month sentence for drug trafficking and firearm possession. The court held that the defendant's waiver of Federal Rule of Evidence 410 allowed the government to use plea stipulations against him after he contradicted them during the change-of-plea hearing.
The Ninth Circuit affirmed convictions under 18 U.S.C. § 922(g)(9), ruling that the federal ban on firearm possession by domestic violence misdemeanants is constitutional under the Second Amendment. The court held that the statute aligns with historical traditions of disarming dangerous classes and does not require individualized findings of future dangerousness for each offender.
The Sixth Circuit affirmed Terrance Patterson's conviction for being a felon in possession of a firearm, rejecting his claim that the district court erred by not ordering a competency hearing sua sponte. The court held that the magistrate judge's thorough colloquy under Rule 11, combined with the defendant's affirmative responses regarding his mental state, provided sufficient evidence of competency.
The Sixth Circuit affirmed Eddie Nailor's conviction for being a felon in possession of a firearm, rejecting his constitutional challenges to the statute. The court held that Nailor's history of armed robbery and subsequent criminal conduct established he was dangerous under the controlling precedent of United States v. Williams.
The Third Circuit affirmed Steven Pennycooke's conviction for being a felon in possession of a firearm, upholding the District Court's denial of his motion to suppress evidence. The court held that the officers had reasonable suspicion to seize Pennycooke based on his suspicious conduct and the totality of the circumstances surrounding an anonymous tip about looting.
The Eleventh Circuit affirmed a 24-month upward variance sentence imposed for federal probation violations involving child pornography. The court held that although the district court failed to explicitly state the reasons for the variance in open court, the record was sufficiently clear to prevent reversible error.