Tag: compassionate release

February 20, 2025, opinions

February 24, 2025

Unpublished per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction for sex trafficking through force, fraud, or coercion. per curiam (Wiener, Higginson, Ho), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Wiener, Ho, Ramirez), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 78-month … More February 20, 2025, opinions

February 19, 2025, opinions

February 24, 2025

Unpublished per curiam (Wiener, Higginson, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Graves, Oldham), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (King, Southwick, Engelhardt), criminal Affirming conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 275-month … More February 19, 2025, opinions

February 7, 2025, opinions

February 12, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), bankruptcy Dismissing for lack of jurisdiction appeal from order reopening bankruptcy proceedings; and affirming dismissal of debtor’s claim to challenge foreclosure sale. Ho, J. (Ho, Duncan, Oldham), criminal, sentencing Affirming sentence based on calculation of criminal history points that included additional convictions and sentences entered against the … More February 7, 2025, opinions

February 5, 2025, opinions

February 12, 2025

Unpublished per curiam (Higginbotham, Willett, Ho), breach of contract Affirming summary judgment for defendant helicopter manufacturer on breach of contract, breach of implied duty, and quantum meruit claims by helicopter sales company. per curiam (Wiener, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion … More February 5, 2025, opinions

January 14, 2025, opinions

January 15, 2025

Designated for publication Ramirez, J. (Richman, Graves, Ramirez), qualified immunity Reversing denial of motion to dismiss on qualified immunity grounds, on plaintiffs’ deliberate indifference claims arising from death of detainee from combined drug toxicity after he reported to the detaining officers that he did not feel well. The Court held, “An officer’s failure to immediately … More January 14, 2025, opinions

January 13, 2025, opinions

January 14, 2025

Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions

January 10, 2025, opinions

January 13, 2025

Designated for publication Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions

January 8, 2025, opinions

January 9, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release … More January 8, 2025, opinions

January 7, 2025, opinions

January 8, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Dennis, Southwick), breach of contract, insurance Affirming summary judgment dismissal of contract and coverage claims against insurer. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), … More January 7, 2025, opinions

January 6, 2025, opinions

January 7, 2025

Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions