⚖ Oral Arguments, with Context

The Eleventh Circuit hears Jose Rivera's challenge to a federal firearms sentence. Rivera ran from a police officer, turned and fired at him during the pursuit. He pleaded guilty to two firearms offenses, but the sentencing dispute centers on whether that shooting should be treated as premeditated attempted murder. A sentencing cross-reference can direct the judge from the firearms guideline to the guideline for another offense connected to the gun. Here, the focus is on the difference between an intent to kill and premeditation. The judges also examine what the sentencing judge actually found, rather than simply what the evidence could have supported. Listen for the distinction between an alleged legal mistake and a challenge to the judge's factual findings.

United States v. Jose Rivera, Appellant (No. 24-13106) — U.S. Court of Appeals for the Eleventh Circuit, argued November 4, 2026.