Topic
Every decision we've filed under Plain Error Review.
The Eleventh Circuit affirmed a supervised release revocation sentence despite a district court error in considering retribution. The appellate court found the error did not affect the defendant's substantial rights given other valid reasons for the sentence.
The Fifth Circuit affirmed the conviction of a defendant who pleaded guilty to smuggling ammunition into Mexico. The court held that the government is not required to prove the defendant knew an export license was needed for the charged conduct.
The Fifth Circuit affirmed a conviction where the defendant challenged the factual basis of his guilty plea. The court found no clear or obvious error in the district court's proceedings.
The United States Court of Appeals for the Fifth Circuit affirmed a district court's decision to revoke supervised release and impose a new ten-year term. The court held that the defendant failed to demonstrate plain error regarding an unconditional ban on contact with minors.
The Eleventh Circuit affirmed Larry Neel's conviction for felon possession of firearms, ruling that his constitutional challenges raised for the first time on appeal did not constitute plain error. The court held that the district court acted within its discretion during the suppression hearing and that binding precedent forecloses Neel's Second Amendment argument.
The Ninth Circuit affirmed Jacques Polzin's conviction for violating federal conflict-of-interest statutes, ruling that a rational jury could reject his entrapment by estoppel defense. The court deferred to the jury's resolution of conflicting evidence regarding supervisor approval and Polzin's concealment from ICE agents.
The Fourth Circuit affirmed the revocation of Gregory Largent's supervised release and his 18-month prison sentence, rejecting his claim that the district court erred by modifying a contact condition without a separate hearing. The court held that Largent failed to demonstrate plain error, as he had counsel and an opportunity to present evidence during the proceeding.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of David Manuel Garcia for engaging in illicit sexual conduct in a foreign place. The court held that Garcia failed to demonstrate plain error in challenging the constitutionality of the statute under which he was convicted.
The Eleventh Circuit affirmed a 180-month sentence for attempted coercion of a minor, ruling that the district court did not commit plain error by failing to expressly recite the Sentencing Guideline range. The court held that judges retain discretion to weigh statutory factors and are not required to explicitly discuss each factor or the specific guideline calculation on the record.
The Eleventh Circuit affirmed a 46-month prison sentence for illegal reentry after removal, rejecting arguments that a sentencing enhancement for a post-removal DUI was applied in error. The court held that the enhancement was proper under the Sentencing Guidelines and that the sentence was substantively reasonable given the defendant's history of impaired driving.