Cases

WATFORD, Circuit Judge, dissenting: I understand why the district court ordered the Department of Homeland Security (DHS) to provide a more fulsome administrative record. The agency’s decision to rescind DACA will profoundly disrupt the lives of hundreds of thousands of people, and a policy shift of that magnitude presumably would not have been mad

HERNÁNDEZ, District Judge: Plaintiff Luke Kirk brings this action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), alleging that Defendant United States of America is vicariously liable for the professional negligence of Ami Phillips, a former employee of the Portland Veterans Affairs Medical Center.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of

PER CURIAM: Before the Court are seventeen consolidated criminal appeals presenting essentially the same, questipn of law: whether each defendant is entitled to a two-level reduction to offense leyel under Amendment 782 to the United States Sentencing Guidelines, which permits such a reduction for sentences based on the drug, quantity under U.S.S.G. § 2D1.1, when the original sentence in each case was calculated starting fro

SUMMARY ORDER On December 15, 2009, Defendant-Ap-pellee Tyrone Pennick and 26 codefen-dants were charged by criminal complaint with various drug trafficking offenses in violation of 21 U.S.C. §§ 841(a)(1), 843(b), 846, and 848. He was indicted with nine codefendants on June 29, 2010, and charged in a Superseding Indictment with nineteen codefendants on May 3, 2011. In a May 20, 2014 Second Superseding Indictment, he

PER CURIAM: * Christopher Holley appeals the consecutive 120-month sentences imposed following his guilty plea to two counts of possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). The presentence investigation report (PSR) recommended enhancements under the advisory Sentencing Guidelines for, inter alia, Holley’s prior Texas attempted-murder conviction as a crime o

STEPHEN A. HIGGINSON, Circuit Judge: This appeal challenges two sentencing decisions: a recklessness enhancement and a denial of reduction for acceptance of responsibility. On the first issue, we affirm. On the second, we vacate and remand. Background 1 <

PER CURIAM: * The Federal Public Defender appointed to represent Jerry Lewis Dedrick has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). De-drick filed a response but subsequently died. Accordingly, his appeal is DISMISSED as m

PER CURIAM: * Charles Marrion Harding, federal prisoner # 06729-078, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a sentencing reduction based on Amendment 782 to the Sentencing Guide*433lines. On September 23, 2016, before this case was decided, Harding was released from federal custody. “Where a defendant

OPINION AND ORDER O’TOOLE, District Judge Dzhokhar Tsarnaev was tried on a thirty-count indictment arising out of the bombings at the Boston Marathon on April 15, 2013. Jury selection for his trial began January 5, 2015. On April 8, 2015, the jury returned a verdict in the first phase of his capital trial finding him guilty under all counts. The maximum penalty for seventeen of the crimes was death. On May 1

PROST, Chief Judge. Plaintiffs appeal from an order of the Court of Federal Claims awarding them attorney fees under the fee shifting provisions of the Uniform Relocation Assistance and Real Property Act of 1970, 42 U.S.C. § 4654(c), Plaintiffs’ counsel asserts that the Court of Federal Claims erred when it made a number of reductions to its requested fee award. Also pending bef

PER CURIAM: * Appealing the judgment in a criminal case, Ronald Martin Moore raises an argument that he concedes is foreclosed by United States v. Rawls, 85 F.3d 240, 241-43 (5th Cir.1996), which rejected a Commerce Clause-based challenge to 18 U.S.C. § 922(g)(1). The Government’s motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is D

PER CURIAM: * Quirino Perez-Martinez appeals the sentence for his conviction of illegal reentry. See 8 U.S.C. § 1326(a), (b). He maintains that the sentence violates due process because it was enhanced based on a conviction not alleged in the indictment, but he correctly concedes that his position is foreclosed by Almendarez-Torres v. United States, 523 U.S. 2

STEPHEN A. HIGGINSON, Circuit Judge: Abdullahi Omar Fidse. appeals his sentence for conspiring to obstruct an agency proceeding and conspiring to make false statements to the executive branch in a terrorism investigation. See 18 U.S.C. §§ 371, 1001, 1505. Specifically, he argues that the district court erroneously enhanced his Sentencing Guidelines range by a

OPINION AND ORDER O’TOOLE, District Judge. The defendant has moved to suppress the fruits of physical and digital searches that took place between April 19, 2013 and July 26, 2013. The government opposes the motions, and the defendant has filed a reply brief. The defendant has requested an evidentiary hearing, but as set forth below, a hearing is not necessary to resolve the present motions.

OPINION AND ORDER O’TOOLE, District Judge. I. Introduction On June 27, 2013, a grand jury returned an indictment that charges the defendant with multiple crimes arising from the detonation of two improvised explosive devices at the 2013 Boston Marathon. The defendant has moved to dismiss the indictment and stay proceedings, arguing various violations of the Distri

PER CURIAM: Judy K. Hunt, counsel for Melvin Jerome Wilcox, Jr., in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examina

PER CURIAM: * Basilia Bustos Salas appeals the sentence imposed following her guilty plea convictions for attempted illegal reentry (8 U.S.C. § 1326) and false personation in immigration matters (18 U.S.C. § 1546(a)). She contends that her 46-month within-guidelines sentence is substantively unreasonable because it was greater than necessary to satisfy the sentencing goals set forth in 18 U.S.C.

PRISCILLA R. OWEN, Circuit Judge: Robert Morin pleaded guilty to failing to register as a sex offender as required by the Sex Offender Registration and Notification Act (SORNA). 1 The district court sentenced Morin to 33 months of imprisonment and five years of supervised release. Morin challenges two special conditions