Circuit Court Opinions

The Court reversed the defendant’s conviction. In reviewing the trial court’s jury instructions on providing material support or resources to a terrorist organization, the Court held that a defendant does not act “in coordination” with a terrorist group simply by utilizing “strategy” or “tactics” used by that organization and published online by that organization.

The Court affirmed the defendant’s sentence. The district court did not err by holding that the Guidelines recommend consecutive maximum sentences for each count of conviction where the Guidelines range (life imprisonment) exceeds the statutory maximum for each count.

The Court reversed the defendant’s convictions on three of four counts for possession of child pornography. The Court held that 18 U.S.C. § 2252A(a)(5)(B), which prohibits knowingly possessing “any book, magazine…or any other material that contains an image of child pornography,” was ambiguous regarding the “unit of prosecution,” so the defendant could not be convicted for multiple counts based on having child pornography on multiple devices.

The Court reversed the defendant’s conviction for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g), holding that the defendant was not a convicted felon under North Carolina law when he possessed firearms after receiving a “conditional discharge” for felony larceny.

The Court held that officers’ warrantless two-day seizure of the defendant’s cell phone, based on evidence the defendant had sexually exploited a minor, was not permissible under Terry but was justified by probable cause and exigent circumstances. The Court also held that the sentencing court did not engage in double-counting by enhancing the defendant’s offense level for conduct involving a visual depiction of sexual acts and engaging in a pattern of prohibited sexual activities.

The Court affirmed the district court’s denial of the defendant’s habeas petition under § 2254. The defendant failed to show that the state court’s denial of Atkins claim of ineligibility for the death penalty due to intellectual disability or denial of his Batson claim were contrary to clearly established law or constituted an unreasonable determination of the facts. The Court also held that the requirement in Moore v. Texas that state courts consider prevailing medical standards in adjudicating Atkins claims was not retroactive under Teague.

The Court affirmed the district court’s denial of the defendant’s second § 2255 motion, holding that the defendant’s federal second-degree murder offenses, based on pointing a firearm at boat passengers and throwing them overboard, was a “crime of violence” under § 924(c)’s residual and elements clause.

The Court affirmed the defendant’s conviction for possessing unauthorized access devices affecting interstate commerce, holding that the district court retained jurisdiction despite the guilty plea lacking a factual basis explaining how the defendant’s conduct affected interstate commerce. A district court’s jurisdiction is invoked by an indictment sufficiently alleging a federal offense, while an offense’s “jurisdictional element” only reflects Congress’s power to regulate or prohibit the conduct at issue.

The Court affirmed a restitution order under § 2259 as to 8 of 9 child pornography victims, holding that the district court was not required to disaggregate the victims’ losses among the abusers, producers, distributors, and possessors of the images before determining an individual defendant’s restitution obligation. The Court held that the court sufficiently considered proximate causation and the defendant’s relative role as a possessor. The Court also held that one victim had not provided any evidence regarding her losses or the defendant’s causal relationship to those losses.

The Court affirmed the defendant’s sentence for child pornography after his offense level was enhanced based on his distribution of child pornography while he was in Jamaica. The Court held that a sentencing court may properly consider extraterritorial conduct if it is otherwise relevant conduct under the Guidelines.