Circuit Court Opinions

The Eighth Circuit upheld a defendant’s conviction of murder-for-hire, denying entrapment as an affirmative defense under the de novo standard of review because the defendant did not produce sufficient evidence of inducement. The Court also affirmed the district court’s denial of motions for new counsel and new trial, holding the proper standard of review is for abuse of discretion.

In an appeal of a district court’s denial of a motion under 18 U.S.C. 3582(c)(1)(A) based on the district court’s weighing of the factors under 18 U.S.C. 3553(a), the Third Circuit held that the proper standard of review is for abuse of discretion.

The Ninth Circuit vacated a defendant’s sentence because the district court erred in failing to consider whether the defendant had accepted responsibility. Though the defendant had gone to trial, he had admitted factual guilt and relied on a defense that the government lacked jurisdiction under the Hobbs Act. The Court held that a defendant may still receive credit for accepting responsibility after making good faith challenges to a statute’s applicability in a criminal case.

The Ninth Circuit vacated a defendant’s conviction because the trial court decided venue as a legal question and did not give a venue instruction to a jury.

The Ninth Circuit reversed the district court’s denial of the defendant’s motion to suppress statements. The Court held that the defendant’s second interview with the FBI was not sufficiently attenuated from his first interview eight months prior, where he was unlawfully detained and interrogated, based on the FBI telling him they were there to ask “follow up” questions and never read him his Miranda rights. The Court further noted that the fact that eight months passed and the agents did not act deceitful was not dispositive.

The Seventh Circuit upheld a defendant’s drug convictions and denial of suppression because the officer had probable cause to search the trunk of the defendant’s car due to the smell of burnt marijuana and the defendant’s observable reaction when asked about the trunk.

The Sixth Circuit upheld a search warrant under the good faith exception in Leon where there was no probable cause and the affidavit only relied on undated text messages between the defendant and a drug purchaser, loose marijuana and untested substances found in the defendant’s trash, and the defendant’s prior criminal history.

The Fifth Circuit reversed a defendant’s conviction for enticing or transporting a minor for purposes of producing child pornography under 18 U.S.C. § 2251 because there was insufficient evidence that the defendant had knowledge that his victims were minors.

The Second Circuit reversed a defendant’s conviction. The defendant testified at trial, and the district court plainly erred in instructing the jury that any witness with an interest in the outcome of the case may have a motive to testify falsely, as it cut against the presumption of innocence and prejudiced the defendant.

The Fifth Circuit reversed the district court that vacated a defendant’s sentence under the ACCA and Career Offender enhancement, holding that the defendant’s prior state murder conviction under Texas law qualified as a violent felony under the ACCA despite the prior statute not distinguishing between direct and indirect force.