Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions
Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment dismissal of various employment discrimination claims. per curiam (Stewart, Southwick, Engelhardt), criminal, sentencing Affirming 96-month sentence on conviction of possession of a firearm by a felon. per curiam (Jolly, Engelhardt, Douglas), criminal Granting Anders motion to withdraw, and … More September 18, 2023, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Title VII, employment discrimination Reversing summary judgment dismissal of employee’s discrimination claims after he was fired for his refusal to cut his hair and beard in violation of his religious vow, in light of Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Court held that the … More September 15, 2023, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions
Designated for publication Smith, J. (Smith, Southwick, Higginson), Higginson, J., concurring; habeas corpus Affirming denial of § 2255 petition seeking relief from guilty plea to possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine on IAC grounds. The Court held that the petitioner had not forfeited his argument about … More September 13, 2023, opinions
Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions
Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions
