Topic
Every decision we've filed under Plain Error Review.
The Eighth Circuit affirmed the conviction of Yevgeniy Dudko for receipt and distribution of child pornography. The court found sufficient evidence existed to support the conviction despite the defendant's claim that the images depicted mere nudity.
The Eleventh Circuit affirmed a twenty-four-month prison sentence imposed upon revocation of supervised release. The court held that the district court did not commit plain error by failing to provide a specific oral justification for an upward variance and did not abuse its discretion in imposing a substantively unreasonable sentence.
The Fifth Circuit affirmed the 15-month sentence of Brian O. Knight for possession of a firearm by a convicted felon. The court found no reversible plain error in the district court's consideration of rehabilitation needs.
The Fifth Circuit affirmed the sentences of Tyrone Leigh, who challenged his sentences for attempted escape and possession of ammunition. The court found no breach of plea agreements and upheld the appeal waiver.
The United States Court of Appeals for the Fifth Circuit affirmed the sentences imposed on Tyrone Leigh for attempted escape and possession of ammunition. The court found no breach of plea agreements and upheld the validity of appeal waivers.
The Fifth Circuit affirmed a sentence enhancement for threatening to damage a building by explosive means. The court held that the defendant forfeited his objection to the enhancement by failing to file written objections or object at the sentencing hearing.
The Tenth Circuit affirmed a conviction for sexual abuse after the defendant conceded he could not prove the jury instruction was clearly erroneous. The court held that the district court's use of a modified Allen charge did not constitute plain error under the applicable standard.
The Sixth Circuit affirmed a district court's revocation sentences for supervised release violations. The court held that the district judge did not plainly err by considering retributive purposes when sentencing the defendant.
The Sixth Circuit affirmed a district court's decision to revoke supervised release and impose consecutive sentences for a defendant who absconded from a halfway house. The court held that the district court did not plainly err by considering the seriousness of the violation conduct as a breach of trust, even though it used language referencing punitive goals.
The Third Circuit affirmed the convictions of Kareem Harry despite finding that federal marshals and the district court erroneously excluded his mother and the public from the courtroom during trial. The court held that these errors did not seriously affect the fairness or integrity of the judicial proceedings.