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Plaintiff appealed the dismissal of his employment-discrimination action for failure to prosecute. Where the record supported finding a lack of prosecution by plaintiff, the district court did not abuse its discretion to sua sponte dismiss plaintiff’s complaint. Judgment is affirmed. ...

Tagged with: discrimination Dismissal Of Complaint Failure To Prosecute

Where a defendant claimed that the district court erred in revoking his supervised release, the district court did not abuse its discretion in revoking the supervised release based on Grade C violations, so the judgment is affirmed. Judgment is affirmed. ...

Tagged with: sentencing Supervised Release

Where a defendant challenged his sentence for violating the conditions of supervised release, the sentence was substantively reasonable, and the district court sufficiently considered the relevant sentencing factors, so the judgment is affirmed. Judgment is affirmed. U.S. v. Whitford (MLW ...

Tagged with: Criminal Law : Supervised Release sentencing Substantive Reasonableness

Where a defendant challenged his sentence in a drug-conspiracy case, the district court properly addressed the mitigating factors, and the sentence was not an abuse of discretion or substantively unreasonable. Judgment is affirmed. U.S. v. Rodish (MLW No. 74517/Case No. ...

Tagged with: Mitigation Factors sentencing Substantive Reasonableness

Where a defendant challenged the sentences imposed after he pleaded guilty to drug and firearm offenses, the district court did not impose a substantively unreasonable sentence and the court properly considered and weighed the relevant factors, so the sentence is ...

Tagged with: sentencing Substantive Reasonableness

Where an inmate sought a reduction under the First Step Act of 2018, the judgment is affirmed because he was not eligible because he was sentenced prior to December 21, 2018. Judgment is affirmed. U.S. v. Shipton (MLW No. 74534/Case ...

Tagged with: First Step Act reduction sentencing

Where a defendant challenged the denial of a pretrial suppression motion and argued that his sentence was substantively unreasonable, a written plea agreement did not refer to the suppression motion, so he waived the right to appeal the denial of ...

Tagged with: plea agreement sentencing

Where a defendant argued that the district court erred in finding that he had committed two previous offenses charged in a single indictment on different occasions, claiming that a jury should find this fact, the defendant’s argument is foreclosed by ...

Tagged with: Jury Finding sentencing Sixth Amendment

Where a defendant challenged his sentence in a drug-conspiracy case, the district court did not err in applying a two-level enhancement for possession of a firearm or a two-level enhancement for obstruction of justice, so the judgment is affirmed. Judgment ...

Tagged with: Enhancements sentencing

Where a defendant challenged the application of three sentencing enhancements in a drug and money-laundering case, even if the district court erred, the error was harmless in light of the court’s statements that the sentence was formed independent of the ...

Tagged with: Enhancements sentencing

Where a defendant who pleaded guilty in a methamphetamine case argued that the district court erred in making its drug-quantity determination for sentencing purposes, claiming that the informant’s testimony was inconsistent, the court explained its reasons for believing the informant ...

Tagged with: Drug Quantity sentencing