Opinions

Riggleman v. Clarke

In this putative class action for Eighth Amendment violations, certification is inappropriate. The plaintiff, a Virginia inmate, is not an adequate class representative because his counsel is not adequate to handle this case as a class action. Counsel initially failed… Read More ›

Bell v. Brockett (P)

This case involves a defendant class action, a litigation “unicorn.” Here, while the district court failed to follow Federal Rule of Civil Procedure 23 its decision is affirmed due to the unique circumstances of this case. Class counsel was not appointed… Read More ›

United States v. Walker (P)

The district court properly rejected the defendant’s plea agreement, sustained the prosecution’s peremptory strike of an African-American juror before trial, and calculated the defendant’s Sentencing Guidelines range after his convictions for drug and firearms offenses. In finding the advisory Guidelines… Read More ›

United States v. Dennings (P)

The district court properly calculated the defendant’s Sentencing Guidelines range by including an offense characteristic enhancement for reckless endangerment during flight on foot. Here, the defendant’s situation involved flight plus something more. He fled from police sirens after having discharged a… Read More ›

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›