Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Naquel Henderson pleaded guilty to unlawful possession of a firearm and ammunition under 18 U.S.C. § 922(g)(1) and D.C. Code § 22-4503(a)(1) and (b)(1). After his plea but before sentencing, the Supreme Court in Rehaif v. United States held that the government must prove a defendant knew they possessed a firearm and belonged to a prohibited category. Henderson did not appeal directly but later moved to vacate his conviction under 28 U.S.C. § 2255, claiming ineffective assistance of counsel and that his plea was not knowing and voluntary.The United States District Court for the District of Columbia denied Henderson's motion, finding he failed to show cause for procedural default, actual prejudice, or actual innocence. The court noted that Henderson knew of his felon status when he possessed the firearm, as evidenced by his prior conviction and interactions with the judicial system.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and affirmed the district court's decision. The appellate court held that Henderson did not demonstrate a reasonable probability that he would have gone to trial if informed of the Rehaif decision. The court found substantial evidence that Henderson knew of his felon status, including his prior guilty plea to attempted robbery and subsequent charges for firearm possession. Consequently, Henderson's claims of ineffective assistance of counsel and an unknowing plea failed, as he could not show actual prejudice or actual innocence. The court affirmed the denial of Henderson's motion to vacate his conviction. View "USA v. Henderson" on Justia Law

Andres Cabezas was arrested in an FBI sting operation in 2017 and later pled guilty to receipt of child pornography. While his appeal was pending, he submitted FOIA requests to the FBI for records related to his case. After six months without a response, Cabezas filed a lawsuit in the U.S. District Court for the District of Columbia, seeking the release of the requested records. The FBI eventually released some records but withheld others, citing various FOIA exemptions. The district court granted summary judgment to the FBI, finding that it had conducted a reasonable search and properly withheld documents under FOIA and the Privacy Act.Cabezas appealed the district court's decision, challenging the adequacy of the FBI's search and the justification for withholding records. He also contested the denial of his motions for limited discovery and in camera review. The U.S. Court of Appeals for the District of Columbia Circuit reviewed the case de novo and found that the FBI had made a good faith effort to conduct a reasonable search, using appropriate methods and search terms. The court also found that the FBI's affidavits provided a detailed account of the search process and the reasons for withholding certain records.The Court of Appeals affirmed the district court's judgment, agreeing that the FBI had conducted a reasonable search and properly invoked FOIA exemptions to withhold certain records. The court also upheld the denial of Cabezas's motions for limited discovery and in camera review, finding no abuse of discretion. The court concluded that Cabezas had not provided sufficient evidence to challenge the adequacy of the FBI's search or the validity of the exemptions claimed. View "Cabezas v. FBI" on Justia Law

In February 2021, a severe cold snap hit the central United States, causing widespread power outages and fatalities. This event highlighted the need for improved grid reliability. The Midcontinent Independent System Operator (MISO), which manages the electrical grid in the region, proposed changes to its capacity market to address these issues. MISO's new system includes seasonal capacity markets, a revised method for calculating generator capacity, and new rules for generator outages. The Federal Energy Regulatory Commission (FERC) approved these changes.Entergy Arkansas, LLC, along with other companies, petitioned for review of FERC's approval, arguing that FERC acted arbitrarily and capriciously. Entergy challenged three main aspects: the new method for calculating generator capacity, the requirement for generator owners to replace capacity if offline for more than 31 days in a season, and the 120-day notice requirement for planned outages. Entergy was supported by several intervenors, including public utilities commissions and the East Texas Electric Cooperative.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that FERC had adequately explained its approval of MISO's changes. FERC's reliance on a study showing the new methodology's accuracy was deemed reasonable. The court also upheld the 31-day capacity replacement rule and the 120-day notice requirement, finding that FERC had provided sufficient rationale for these rules. The court denied Entergy's petitions for review and did not address issues raised solely by the intervenors. The court concluded that FERC's decisions were not arbitrary or capricious and were supported by substantial evidence. View "Entergy Arkansas, LLC v. FERC" on Justia Law

Federal agents seized packages containing noncompliant plant and animal products shipped to Amazon fulfillment centers in the U.S. by overseas sellers. The Department of Agriculture concluded that Amazon, by providing its fulfillment services, had aided, abetted, caused, or induced the unlawful importation of these products and imposed a $1 million fine on Amazon.The case was initially reviewed by an administrative law judge (ALJ) who granted summary judgment in favor of the Department, finding that Amazon had unlawfully imported the products by aiding, abetting, causing, or inducing their importation. The ALJ rejected Amazon's argument that it was unaware of the sellers' noncompliance, stating that neither bad intent nor any mens rea was required for liability. The Judicial Officer of the Department affirmed the ALJ's decision, concluding that Amazon's conduct fell within the scope of the statutes and that Amazon had substantially assisted the importations with knowledge.The United States Court of Appeals for the District of Columbia Circuit reviewed the case and set aside the Department's order. The court held that civil aiding-and-abetting liability generally requires conscious and culpable participation in unlawful conduct. The Plant Protection Act and Animal Health Protection Act incorporate this understanding. The court found that Amazon's provision of a neutral fulfillment service did not amount to conscious and culpable participation in the sellers' wrongdoing. Therefore, the court granted Amazon's petition for review, vacated the Department's order, and remanded the case for further proceedings consistent with its opinion. View "Amazon Services LLC v. AGRI" on Justia Law

The Federal Energy Regulatory Commission (FERC) is responsible for ensuring that rates charged by interstate oil pipelines are just and reasonable. Every five years, FERC reviews the methodology, known as the Index, used to set maximum annual rate increases. In 2020, FERC conducted its five-year review and set a new Index level, which was later modified on rehearing without adhering to notice-and-comment procedures.Initially, FERC invited comments on the proposed Index, receiving input from both pipeline operators (Carriers) and customers (Shippers). FERC issued an Initial Order in December 2020, establishing an Index level higher than proposed, effective July 1, 2021. Both Carriers and Shippers sought rehearing, with Carriers requesting minor changes and Shippers challenging the Index level. FERC issued a Rehearing Order in January 2022, adopting Shippers' suggestions and setting a new, lower Index effective March 1, 2022. Shippers sought clarification on the retroactive application of the Rehearing Order, which FERC denied.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. Carriers argued that FERC failed to comply with the Administrative Procedure Act (APA) by modifying the Index without notice-and-comment procedures. The court agreed, noting that once the Initial Order's Index became effective on July 1, 2021, any substantive changes required adherence to APA procedures. The court found that FERC's modification of the Index in the Rehearing Order without such procedures was improper.The court granted Carriers' petitions for review, vacated the Rehearing Order, and ordered FERC to reinstate the Initial Order. Shippers' petitions for review were dismissed as moot due to the vacatur of the Rehearing Order. View "Liquid Energy Pipeline Association v. FERC" on Justia Law

Aly Abdellatif, an Egyptian citizen, suspected he was placed on government watchlists after experiencing unwarranted airport security screenings. He sought correction through the Transportation Security Administration's (TSA) redress program, which responded without confirming or denying his watchlist status. Abdellatif and his wife, Nina Araujo, petitioned for review, challenging the administration of the traveler redress program and their treatment during travel.The petitioners initially filed their case in the United States Court of Appeals for the District of Columbia Circuit. They named multiple federal agencies and officials as respondents, alleging that Abdellatif's inclusion on the Selectee List and TSA watchlists led to enhanced security screenings and secondary inspections. They argued that TSA's redress process failed to correct erroneous information, violating statutory obligations and due process rights. The court dismissed the petition against all respondents except TSA, citing jurisdictional limitations.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court dismissed the petition in part for lack of standing, as TSA cannot remove names from the Selectee List, which is maintained by the Terrorist Screening Center (TSC). The court found that petitioners' injuries related to the Selectee List were not redressable in this lawsuit. However, the court denied the remaining claims on the merits, concluding that TSA's redress process complies with statutory requirements and does not violate due process. The court also rejected the Fourth Amendment claims, finding that the enhanced security screenings and secondary inspections described were reasonable and did not constitute unreasonable searches or seizures. The petition was dismissed in part and otherwise denied. View "Abdellatif v. DHS" on Justia Law

Hudson Transmission Partners, a merchant transmission facility, previously held firm rights to draw electricity from the PJM grid and was assessed costs for certain grid improvements. In 2017, Hudson relinquished its firm rights, leading to a dispute over whether it must continue paying for previously assessed costs for lower voltage facility upgrades and economic projects under the PJM Open Access Transmission Tariff.The Federal Energy Regulatory Commission (FERC) found that Hudson must continue to pay these costs. FERC determined that the PJM Tariff dictates that prior assessments for lower voltage facility upgrades are fixed and unaffected by a change in firm rights. Additionally, the costs of economic projects are validly allocated to entities like Hudson that benefit from the energy savings, regardless of their firm rights status.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court upheld FERC's decision, agreeing that Hudson remains responsible for the previously assessed costs. The court noted that the PJM Tariff includes a saving clause that fixes the cost responsibility for lower voltage facilities unless explicitly changed, which was not the case here. The court also found that Hudson continues to benefit from the economic projects, justifying the continued cost responsibility.The court concluded that FERC's interpretation of the PJM Tariff was consistent with its prior orders and the cost-causation principle, which assigns costs based on the burdens imposed or benefits received by a party. Therefore, the court denied the petitions for review, affirming that Hudson must continue to pay the previously assessed costs for the lower voltage facility upgrades and economic projects. View "New York Power Authority v. FERC" on Justia Law

Jo Spence, a licensed attorney, was terminated from her position at the Department of Veterans Affairs (VA) after eleven years. She claimed her termination was retaliatory, following her filing of internal discrimination complaints and whistleblower disclosures. Spence alleged discrimination based on race, sex, and age, and also claimed the VA engaged in illegal preferential hiring practices. She filed a complaint in the district court after the Merit Systems Protection Board (MSPB) upheld her termination, citing her poor performance.The United States District Court for the District of Columbia dismissed most of Spence’s claims for failure to state a claim and granted summary judgment on her remaining claim. The court found that Spence, despite being pro se, was not entitled to the leniency typically afforded to pro se litigants due to her legal training and experience. The court dismissed her initial lengthy complaints and allowed her to amend them multiple times, but ultimately dismissed her claims with prejudice for failing to comply with the court’s page limits and pleading requirements.The United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s decisions. The appellate court held that the liberal pleading standard for pro se litigants does not apply to licensed attorneys. It found that Spence failed to plead sufficient facts to support her claims of retaliation and discrimination, and that her termination was supported by substantial evidence of poor performance. The court also upheld the district court’s dismissal of her claims with prejudice, noting Spence’s repeated failure to comply with court rules and orders. The appellate court concluded that the district court did not abuse its discretion in its rulings. View "Spence v. DVA" on Justia Law

In 2008, Indu Rawat, a nonresident alien, sold her 29.2% partnership interest in Innovation Ventures, LLC, a U.S. company, for $438 million. Of this amount, $6.5 million was attributable to a gain on the company's inventory. The key issue was whether this inventory gain constituted U.S.-source income subject to U.S. taxes.The Commissioner of Internal Revenue determined that the $6.5 million inventory gain was U.S.-source income and thus taxable, notifying Rawat that she owed approximately $2.3 million in taxes. Rawat paid the amount but petitioned the Tax Court for a refund, arguing that the inventory gain was foreign-source income and therefore not subject to U.S. taxes. The Tax Court sided with the Commissioner, holding that under § 751(a) of the Internal Revenue Code, Rawat must be taxed as though she had sold the inventory directly, making the gain U.S.-source income.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court concluded that § 751(a) does not treat inventory gain as income from the sale of inventory but merely subjects it to ordinary income taxation if it is otherwise taxable. Therefore, the inventory gain Rawat realized from selling her partnership interest is foreign-source income, not subject to U.S. taxes. The court reversed the Tax Court's decision, holding that Rawat's inventory gain was not U.S.-source income and thus not taxable. View "Rawat v. Commissioner of Internal Revenue" on Justia Law

Joseph Smith was convicted of child sexual abuse and related offenses after sexually abusing his stepdaughter, A.S., starting when she was twelve years old. Smith forced A.S. to engage in sexual acts, sent her explicit messages, and coerced her into sending him nude photos. The abuse was reported to the police in April 2017, leading to a search of Smith’s residence, where incriminating evidence was found on a personal computer and two cell phones.The United States District Court for the District of Columbia denied Smith’s pretrial motions, including a motion to dismiss the indictment based on an alleged underrepresentation of Black residents in the jury pool, a motion to suppress evidence found on the seized devices, and motions related to the government’s case agent’s presence and testimony. Smith was convicted on multiple counts, including child sexual abuse, production and possession of child pornography, and enticement of a minor, and was sentenced to two concurrent life terms.The United States Court of Appeals for the District of Columbia Circuit reviewed Smith’s appeal and rejected all four of his challenges. The court held that Smith failed to demonstrate systematic exclusion of Black residents in the jury-selection process, as required by the Sixth Amendment. The court also found that the search warrant for Smith’s residence was sufficiently particular and that the good-faith exception precluded suppression of the evidence. Additionally, the court ruled that the district court did not plainly err in allowing the case agent to remain in the courtroom and testify based on her knowledge of Cellebrite, as any error did not affect the trial’s outcome given the overwhelming evidence against Smith. Consequently, the appellate court affirmed Smith’s convictions. View "U.S. v. Smith" on Justia Law