Latest from the Blog
November 10, 2026, opinions
Unpublished decisions per curiam (Clement, Engelhardt, Wilson) (no oral argument), § 1983 Dismissing appeal of summary judgment dismissal of § 1983 claims, due to untimely notice of appeal. Marlon James Pettieway appealed the district court’s grant of summary judgment on his 42 U.S.C. § 1983 claim for failure to exhaust administrative remedies. The threshold question…
November 9, 2026, opinions
Designated for publication per curiam (Graves, Ho, Douglas) (no oral argument), Ho, J., dissenting; criminal, appeal waiver Granting motion for reconsideration of dismissal of appeal under appeal-waiver, and instead carrying the motion with the case. Defendant Jerad Barrett entered a plea agreement on drug charges in which the government agreed to supersede the original indictment…
November 6, 2026, opinions
Unpublished decisions per curiam (Barksdale, Graves, Higginson) (no oral argument), criminal, sufficiency of evidence Affirming conviction on drug charges. Following a jury conviction on one count of conspiracy to distribute and possess with intent to distribute controlled substances (21 U.S.C. §§ 846, 841(a)(1)) and four counts of possession with intent to distribute, Asberry raised three…
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