Topic
Every decision we've filed under Firearms.
The Fifth Circuit affirmed the conviction of a felon for possessing a firearm. The court held that the defendant's constitutional challenges to the federal statute were foreclosed by prior 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.
The Ninth Circuit affirmed a 120-month federal sentence for a defendant who possessed a handgun while kidnapping and beating a domestic partner. The court held that the government met its burden to show the firearm facilitated the underlying felonies through the defendant's threats and constructive possession.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Eleventh Circuit affirmed Gerard Eric Beasley's conviction for possession of a firearm by a convicted felon, ruling that the Second Amendment does not protect felons from such bans. The court also held that any error in admitting a second confession was harmless because the firearm would have been inevitably discovered through lawful means.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Job Jasso, Jr. for possessing firearms in furtherance of drug trafficking. The court found the evidence sufficient to support the verdict that stolen handguns were found near fentanyl pills intended for distribution.