Recent changes
Daugerdas v. CIR - IRS Restitution Authority
The Seventh Circuit affirmed that the IRS may assess and collect civil restitution under 26 U.S.C. § 6201(a)(4)(A) following a criminal tax conviction, even when the payment schedule differs from the criminal restitution order. The court upheld $371 million in parallel civil restitution against Paul Daugerdas, a convicted tax fraudster, establishing that IRS restitution authority is not limited by criminal sentencing structures.
Roache v. United States - Firearms Trafficking Sentencing Appeal
The 1st Circuit affirmed the District of Massachusetts's judgment sentencing Aizavier Roache to 57 months imprisonment plus 3 years supervised release for firearms trafficking conspiracy under 18 U.S.C. § 933(a)(1), (3). The court rejected Roache's challenge to a 6-point sentencing guideline enhancement based on co-conspirator statements to ATF agents.
US v. Roache - Criminal Appeal
The First Circuit issued an opinion in US v. Roache (Docket 25-1157), a criminal appeal from the District of Massachusetts. The court affirmed, reversed, or remanded the lower court's decision. This appellate ruling establishes binding precedent within the First Circuit's jurisdiction.
Coleman sues Archer Aviation, civil rights jobs complaint
Coleman sues Archer Aviation, civil rights jobs complaint
Padron, Skin Laundry Holdings diversity case, San Francisco
Padron, Skin Laundry Holdings diversity case, San Francisco
United States v. Helton - Supervised Release Modification Appeal
The Fourth Circuit affirmed the district court's orders denying Steven Russell Helton's motions to modify conditions of his supervised release under 18 U.S.C. § 3583(e)(2). The appeals (Nos. 24-4366 and 25-4014) were consolidated and decided in favor of the government. No abuse of discretion was found in the district court's denial of Helton's modification requests.
Stevens v. North Carolina - Habeas Corpus Appeal
The Fourth Circuit dismissed petitioner Claude Mordecia Stevens' appeal seeking to challenge the district court's denial of his 28 U.S.C. § 2254 habeas petition. The court denied a certificate of appealability and dismissed the appeal, finding Stevens failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.
Sigmon civil case dismissed Fourth Circuit appeal
Sigmon civil case dismissed Fourth Circuit appeal
State v. Kreckow - Blood Test Suppression Appeal
The Minnesota Court of Appeals affirmed the district court's denial of a motion to suppress blood-test evidence in a fourth-degree DWI case. The appellate court rejected appellant's argument that Minn. Stat. § 169A.51, subd. 4 required additional statutory steps before obtaining a blood-test warrant. Appellant Tashawn Markus Kreckow was found guilty based on a blood alcohol concentration of 0.102. This nonprecedential opinion clarifies warrant procedures for blood tests in impaired driving cases.
State v. Anthony Richard Wiley - Attorney Disqualification
The Minnesota Court of Appeals affirmed the district court's disqualification of defense attorney Sarah M. Kyte in State v. Wiley (A25-1057). The court held that under Minnesota Rule of Professional Conduct 3.7(a), Kyte was properly disqualified because she would be a necessary witness regarding a phone conversation she conducted with a potential witness (C.P.) in the defendant's DWI case. The appellate court found no abuse of discretion in the district court's ruling.
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