Block on Trump's Asylum Ban Upheld by Supreme Court
Conviction of defendant for drug related crimes and sentenced to 41 months' imprisonment is affirmed in part, vacated in part, and remanded where: 1) the direct and circumstantial evidence presented at trial was more than ample to support the jury's verdict; 2) district court did not abuse its discretion in denying defendant's request for a "mere proximity" jury instruction; 3) defendant's sentence is vacated and remanded as, on the record, district court did not understand that it had discretion to depart from the Guidelines, and was therefore, procedurally unreasonable; and 4) the order of forfeiture is affirmed as , district court did not clearly err in finding that defendant intended to use the $1,223 to commit, or to facilitate the commission, of the offenses for which he was convicted.
Argued: October 30, 2009
Decided: February 11, 2010
Opinion by Circuit Judge Davis
For Appellant: Geremy C. Kamens, Office of the Federal Public Defender
For Appellee: David Brian Goodhand, Office of the US Attorney