News
Federal Court Decision Updates
News filed under Court decisions, newest first.
Federal court decisions here are rulings that change how a federal sentence is set, appealed, or reduced. Each note names the court, the date, and what the court actually held, and it links the opinion. A case often decides one question and sends the rest back. Read the holding before you treat the note as the end of the story.
Four notes are filed here, newest first. United States v. Harris is a Fifth Circuit decision, on remand from the Supreme Court, holding that a disputed USSG §3C1.2 reckless-flight increase was not a "miscarriage of justice," so an appeal waiver still barred the appeal. United States v. Barrera upheld the drug guideline's 2-level dangerous-weapon increase, USSG §2D1.1(b)(1), for a bat and a baton. Beaird v. United States has been argued in the Supreme Court and not decided. It asks how much weight judges must give guideline commentary. Until there is an opinion, the note is not a holding. Ellingburg v. United States, 607 U.S. 163 (2026), held that restitution under the Mandatory Victims Restitution Act is criminal punishment for the Ex Post Facto Clause. The Court did not itself decide whether that defendant's order violated the Clause.
These are opinions, not statutes. For a hearing that has not happened, start with the presentence report and the sentencing hearing. After judgment, a notice of appeal is due in 14 days under Federal Rule of Appellate Procedure 4(b). A § 2255 motion is a separate attack with a one-year deadline. Amendments and new statutes are on the law-change page.
These notes are general information about federal cases.
- Ninth Circuit Affirms Bompane §3582(c)(2) Denial
The Ninth Circuit assumed §3582(c)(2) eligibility error but held it harmless after an Oregon judge also denied relief under §3553(a), citing Wilson.
- Tenth Circuit Upholds §2K2.1 Drug-Link Increase
The Tenth Circuit held a pistol near crack on a bed could add four levels under §2K2.1(b)(6)(B), even when priors make a small amount a felony.
- Second Circuit Upholds Counterfeit Goods Increases
The Second Circuit affirmed a supervisor increase for one assistant and a counterfeit-goods value finding, and held that §994(j) did not require probation.
- Officer-Killing Offense Is a §924(c) Crime of Violence
The Tenth Circuit held that §848(e)(1)(B) requires intent, so killing an officer during a drug crime still meets the §924(c) elements clause.
- A Disputed Flight Enhancement Didn't Break an Appeal Waiver
On remand after Hunter, the Fifth Circuit held a contested §3C1.2 reckless-flight increase was a routine error, so the appeal waiver in Harris still held.
- A Bat and a Baton Got the Drug Weapon Increase
In United States v. Barrera, the Tenth Circuit upheld the 2-level §2D1.1(b)(1) weapon increase for a bat and baton found in a drug dealer's car.
- Supreme Court Hears Beaird on Guideline Commentary Deference
On Oct. 13, 2026, the Supreme Court heard Beaird v. United States, which asks how much weight judges must give the commentary to the Sentencing Guidelines.
- Supreme Court Rules Unanimously That MVRA Restitution Is Criminal Punishment
In Ellingburg v. United States, a unanimous Supreme Court held that restitution under the MVRA is criminal punishment for Ex Post Facto purposes.