Topic
Every decision we've filed under Other Criminal.
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 United States Court of Appeals for the Eleventh Circuit affirmed the convictions and sentences of Mark Donald Sotnick. The court granted appointed counsel's motion to withdraw after an independent review found no arguable issues of merit in the appeal.
The United States Court of Appeals for the Eleventh Circuit granted the Government's motion to dismiss an appeal filed by Luis Angel Campuzano. The court enforced an appeal waiver contained within the Appellant's plea agreement.
The Tenth Circuit affirmed the district court's denial of a motion to suppress evidence found in a vehicle, ruling that officers possessed probable cause to search the SUV. The court held that the totality of circumstances, including the smell of burnt marijuana, inconsistent travel stories, and the driver's nervousness, established a fair probability of finding contraband.
The United States Court of Appeals for the Eleventh Circuit granted the Government's motion to dismiss an appeal filed by Rachael Byrd. The court enforced an appeal waiver contained in the Appellant's plea agreement.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Scott Vangoethen following his guilty plea. The court granted the government's motion to enforce an appeal waiver contained within Vangoethen's plea agreement.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal filed by a criminal defendant proceeding pro se. The court ruled that it lacked jurisdiction because the district court's order denying a motion to dismiss was not a final judgment.
The Ninth Circuit affirmed Jorge Oliverio Moran-Can's conviction for assaulting a federal officer, rejecting his claims regarding jury selection, expert testimony, and prosecutorial misconduct. The court held that the defendant failed to prove the prosecutor's strike of a Latino juror was pretextual and that the district court correctly excluded unreliable expert testimony.
The Eleventh Circuit granted appointed counsel's motion to withdraw from representing the defendant in a direct criminal appeal. The court affirmed the defendant's convictions and sentences after an independent review found no arguable issues of merit.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal challenging a magistrate judge's order finding the defendant incompetent to stand trial. The court ruled it lacked jurisdiction because the defendant had simultaneously filed a motion in the district court to vacate the underlying order.