Block on Trump's Asylum Ban Upheld by Supreme Court
In US v. Miller, No. 09-1246, the court of appeals dismissed defendant's appeal from his sentence for conspiracy to possess with intent to distribute methylenedioxyamphetamine, holding that the preconditions of defendant's appeal waiver in his plea agreement were satisfied, and that the waiver should be enforced.
In US v. Jones, No. 09-1731, a prosecution for being a felon in possession of a firearm, the court of appeals affirmed the district court's order suppressing the firearm on the ground that the officer who performed the search at issue failed to comply with the mandate in Terry that there must be reasonable suspicion of on-going criminal activity justifying a stop before a coercive frisk may be constitutionally employed.
In US v. Howell, No. 09-2650, the court of appeals affirmed defendant's sentence for possessing a firearm after having been convicted of a felony, holding that the district court was aware of the advisory nature of the guidelines and that it utilized the Sentencing Guidelines cross reference for the limited purpose of first calculating an advisory guidelines range.
Griffis v. Anadarko E&P Co., No. 09-3117, involved an action to quiet title in certain natural gas rights. The court of appeals affirmed judgment for defendants, holding that any deed of Arkansas mineral rights generally, executed at the time or after the deed in that case was executed, carried the rights to natural gas with it.
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