Tag: sentence reduction

March 5-6, 2025, opinions

March 10, 2025

Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions

March 3-4, 2025, opinions

March 9, 2025

Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), criminal, search and seizure Reversing grant of motion to suppress evidence from a house and vehicle, holding that the good-faith exception applied to overcome the bare-bones nature of the affidavit in support of the search warrant, and remanding for further proceedings. Southwick, J. (Southwick, Haynes, Douglas), Equal … More March 3-4, 2025, opinions

February 28, 2025, opinions

March 7, 2025

Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions

February 27, 2025, opinions

February 28, 2025

Unpublished per curiam (Graves, Willett, Wilson), criminal Affirming conviction of possession of a firearm by a felon. Richman, J. (Stewart, Richman, Haynes), criminal, sufficiency of evidence Affirming conviction of making a false statement to a bank. per curiam (Smith, Clement, Duncan), employment Affirming summary judgment against plaintiff, upholding ruling that restrictive covenants in Employee Service … More February 27, 2025, opinions

February 26, 2025, opinions

February 27, 2025

Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Elrod, Ho, JJ.); Oldham, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Duncan, Engelhardt, Wilson, JJ.); Ho, J., dissenting from denial … More February 26, 2025, opinions

February 21, 2025, opinions

February 24, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions

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 14, 2025, opinions

February 17, 2025

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Dennis, Ho, Oldham), First Amendment, Administrative Procedure Act, summary judgment Vacating summary judgment dismissal of plaintiff’s challenge to Department of Defense prepublication approval/review procedures for manuscripts authorized by employees and former employees with security clearances. Summary judgment had … More February 14, 2025, opinions

February 13, 2025, opinions

February 14, 2025

Designated for publication per curiam (Davis, Smith, Higginson), jurisdiction, settlement agreement, foreclosure Affirming district court’s judgment that it lacked ancillary jurisdiction to enforce a settlement agreement where the parties had filed an unconditional Rule 41(a)(1)(A)(ii) stipulation of dismissal without a concurrent court order incorporating the agreement terms or expressly retaining jurisdiction over the agreement. Barksdale, … More February 13, 2025, opinions