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Sixth Circuit upholds firearms trafficking enhancement in Elias Pagan case involving undercover gun and drug sales

16Oct

By Houston StringerNo Comments

Kentucky, Michigan, Tennessee

Sixth Circuit upholds firearms trafficking enhancement in Elias Pagan case involving undercover gun and drug sales

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has affirmed the firearms trafficking sentencing enhancement imposed on Elias Pagan, who pleaded guilty to multiple drug and firearm offenses after selling crack cocaine and firearms to an undercover agent in Cleveland. Pagan sold five firearms and crack cocaine across multiple transactions in 2023. The undercover agent, posing as a buyer, asked about illegal firearm modifications, used a hidden compartment in his vehicle, and bought drugs—factors the court found sufficient to establish Pagan had “reason to believe” the firearms would be used unlawfully. This met the criteria for the trafficking enhancement under U.S.S.G. § 2K2.1(b)(5) (2021). The court rejected Pagan’s argument that the enhancement amounted to impr...

Sixth Circuit denies Amir Beigali’s appeal for sentence reduction tied to stacked firearm convictions

16Oct

By Houston StringerNo Comments

Louisiana, Michigan, Tennessee

Sixth Circuit denies Amir Beigali’s appeal for sentence reduction tied to stacked firearm convictions

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has denied Amir Karim Beigali’s appeal seeking a sentence reduction based on changes under the First Step Act and amendments to the federal sentencing guidelines. Beigali, currently serving a 35-year federal sentence for attempting to possess cocaine and for a second conviction of using a firearm in relation to a drug-trafficking crime, argued that recent legal changes—particularly the First Step Act’s revision to the “stacking” provision under 18 U.S.C. § 924(c)—should entitle him to a sentence reduction. He also cited Amendments 814 and 821 to the U.S. Sentencing Guidelines, which address unusually long sentences and criminal history scoring. The Sixth Circuit upheld the district court’s decision, finding that Bei...

Sixth Circuit denies asylum to Honduran woman who fled gang threats as child

16Oct

By Houston StringerNo Comments

Kentucky, Ohio, Tennessee

Sixth Circuit denies asylum to Honduran woman who fled gang threats as child

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit denied Carmen Odalis Cabrera-Hernandez’s petition for review after the Board of Immigration Appeals (BIA) rejected her application for asylum, withholding of removal, and protection under the Convention Against Torture. Cabrera-Hernandez, a native of Honduras, unlawfully entered the United States in 2014 at the age of 12 after receiving threats from gang members who later kidnapped her friend and allegedly murdered her uncle. She claimed fear of being kidnapped or killed if forced to return to Honduras, citing distrust in local police and lack of family protection. The Immigration Judge (IJ) found her proposed social groups—“Honduran women,” “Honduran females between the ages of 5 and 21,” and “Honduran females betw...

Sixth Circuit upholds 303-month sentence for Memphis Dollar General shooting

16Oct

By Houston StringerNo Comments

Kentucky, Ohio

Sixth Circuit upholds 303-month sentence for Memphis Dollar General shooting

MEMPHIS, TN – The U.S. Court of Appeals for the Sixth Circuit affirmed a 303-month sentence for Malik Motley, who pleaded guilty to robbery and firearm charges after shooting a store clerk in the face during a 2021 robbery in Memphis. According to the appellate opinion, Motley entered a Dollar General on October 3, 2021, and, after pretending to search for money, pulled a handgun wrapped in toilet paper. He demanded money, pointed the gun at the clerk’s face, and shot her. He then fled the scene with cigars and Halloween candy. The victim suffered life-altering injuries, including permanent breathing issues requiring a trache and oxygen tank, hearing loss, facial palsy, vertigo, and post-traumatic stress. Motley was arrested two days later after breaking into a vacant home. Mo...

Court upholds constitutionality of federal gun charges against Kentucky felon

16Oct

By Houston StringerNo Comments

Kentucky, Ohio

Court upholds constitutionality of federal gun charges against Kentucky felon

CINCINNATI, OH – The Sixth Circuit Court of Appeals affirmed the conviction and 57-month prison sentence of Dalton Samuel Brooks, rejecting his challenge that two federal firearm statutes violated the Second Amendment. Brooks pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and possessing an unregistered short-barreled shotgun under 26 U.S.C. § 5861(d). He preserved the right to appeal the denial of his motion to dismiss both charges on constitutional grounds. The court held that § 922(g)(1) is constitutional both facially and as applied to Brooks. Citing United States v. Williams, the court found that Brooks’s prior convictions for assault and drug trafficking made him presumptively dangerous. He did not provide any evidence to rebut that pr...

Court affirms enhanced sentence for felon in possession based on Ohio aggravated robbery conviction

16Oct

By Houston StringerNo Comments

Ohio

Court affirms enhanced sentence for felon in possession based on Ohio aggravated robbery conviction

CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has upheld the 57-month prison sentence of Kenneth Evans, ruling that his prior conviction for aggravated robbery under Ohio law qualifies as a “crime of violence” under the U.S. Sentencing Guidelines. Evans pleaded guilty to being a felon in possession of a firearm and ammunition after police discovered a loaded pistol in a vehicle following a suspected drug transaction in October 2021. Because of his prior felony record, including a conviction for aggravated robbery, the district court applied an enhanced sentencing range and imposed the maximum term of 57 months. Evans challenged the sentence, arguing that his prior aggravated robbery conviction under Ohio Revised Code § 2911.01(A)(1) should not count as a “crime...

Attorney General Paxton investigates University of North Texas over handling of alleged left-wing extremism

16Oct

By Houston StringerNo Comments

Texas

Attorney General Paxton investigates University of North Texas over handling of alleged left-wing extremism

AUSTIN, TX – Attorney General Ken Paxton has launched an investigation into the University of North Texas (UNT) over what his office describes as the university's failure to take disciplinary action against students accused of celebrating the death of political figure Charlie Kirk and issuing threats against others. The investigation follows an earlier letter from Paxton demanding the university address rising concerns about left-wing extremism on campus. Paxton sent a follow-up letter to UNT President Harrison Keller, stating the university has failed to hold students or staff accountable and contrasting its response with actions taken by other universities in similar situations. "In the face of left-wing terror being celebrated and the threatening of students, UNT leadership ha...

Governor Abbott deploys DPS and National Guard ahead of antifa-linked protest in Austin

16Oct

By Houston StringerNo Comments

Texas

Governor Abbott deploys DPS and National Guard ahead of antifa-linked protest in Austin

AUSTIN, TX – Governor Greg Abbott has directed the Texas Department of Public Safety (DPS) and the Texas National Guard to deploy law enforcement personnel and tactical resources to Austin in anticipation of a planned antifa-linked protest. "Violence and destruction will never be tolerated in Texas," said Governor Abbott. "Today, I directed the Texas Department of Public Safety and Texas National Guard to deploy all necessary law enforcement officials and resources to ensure the safety of Austin residents. Texas will deter criminal mischief and work with local law enforcement to arrest anyone engaging in acts of violence or damaging property." In response, DPS is deploying state troopers, Special Agents, and Texas Rangers to the Austin area. They will be supported by Texas Nation...

State secures restraining order to halt alleged illegal housing and political scheme in Loving County

16Oct

By Houston StringerNo Comments

Texas

State secures restraining order to halt alleged illegal housing and political scheme in Loving County

MENTONE, TX – The State of Texas has obtained a temporary restraining order against Malcolm Terrall Tanner, halting what officials describe as an unlawful scheme to populate a remote West Texas county with new residents in an effort to influence local elections. File Photo (September 2025) According to the Office of the Attorney General, Tanner, a resident of Crawfordsville, Indiana, used social media videos to recruit individuals, promising free homes on his land in Loving County in exchange for political support. The land, however, lacks housing, utilities, or basic sanitation infrastructure. Recruits, including women and children, were allegedly encouraged to live on the site in RVs or makeshift shelters without proper sewage disposal. Attorney General Ken Paxton, who filed sui...

Special election set for Texas Senate District 4 seat on May 2, 2026

16Oct

By Houston StringerNo Comments

Texas

Special election set for Texas Senate District 4 seat on May 2, 2026

AUSTIN, TX – Governor Greg Abbott has issued a proclamation setting Saturday, May 2, 2026, as the date for the special election to fill the Texas Senate District 4 seat, which was recently vacated by Senator Brandon Creighton. File Photo (September 2025) Candidates seeking to appear on the special election ballot must file their applications with the Secretary of State by 5:00 p.m. on Tuesday, March 3, 2026. Early voting for the election will begin on Monday, April 20, 2026.