Topic
Every decision we've filed under Supervised Release.
The Eleventh Circuit affirmed the conviction of a defendant challenging the constitutionality of federal machinegun bans. The court held that machineguns are not weapons in common use for lawful purposes and thus fall outside Second Amendment protection.
The Tenth Circuit affirmed Adam Joseph King's conviction for sexual offenses in Indian Country, ruling that the evidence was sufficient to prove the victim's Indian status and the defendant's non-Indian status. The court further held that the district court did not abuse its discretion by allowing alternate charges under two different federal statutes, provided the jury was instructed to convict on only one theory.
The Fourth Circuit affirmed a defendant's resentencing, rejecting her claim that the increased sentence resulted from judicial vindictiveness. The court held that because a different judge imposed the new sentence, the presumption of retaliatory motivation does not apply, and the defendant failed to prove actual animus.
The Eleventh Circuit dismissed an appeal filed by a defendant who challenged his sentence as substantively unreasonable. The court held that the defendant's plea agreement contained a valid appeal waiver that barred the challenge.
The Eleventh Circuit dismissed an appeal filed by a defendant who had signed a plea agreement containing a sentence appeal waiver. The court held that the waiver was entered knowingly and voluntarily, barring the defendant from challenging his sentence despite his constitutional arguments.
The Eleventh Circuit dismissed an appeal by a defendant who challenged his sentence as substantively unreasonable. The court held that the defendant's plea agreement contained a valid appeal waiver that barred the challenge.
The Eleventh Circuit dismissed an appeal filed by a defendant who challenged his sentence as substantively unreasonable. The court held that the defendant's plea agreement contained a valid appeal waiver that barred the challenge.
The Fourth Circuit affirmed the revocation of Preston Mills' supervised release but vacated his sentence as plainly unreasonable. The court held that the district court failed to address a non-frivolous mitigation argument regarding the extended time Mills spent under supervision.
The Tenth Circuit affirmed a district court's revocation of supervised release after a defendant violated a halfway house policy by possessing sexually explicit material on his phone. The appellate court held that the probation officer's testimony provided sufficient evidence to support the finding of a violation by a preponderance of the evidence.
The Eleventh Circuit dismissed Wilfredo Moreno Ferrer's appeal as moot because he completed his term of imprisonment. The court held that without a live sentence to reduce, there is no continuing injury to support Article III jurisdiction.