Link to unanimous Opinion of the Court in UNITED STATES OF AMERICA, APPELLEE v. THOMAS WEBSTER, APPELLANT.
Opinion by Judge Millett (Obama), joined by Judges Katsas and Rao (both Trump).
Because this is a direct appeal, as opposed to a habeas proceeding, all issues raised by the defendant are dealt with here, not just the jury issue. The jury issue begins at page 6 of the opinion and proceeds for several pages.
The thing to take away from this is that both Katsas and Rao are decidedly conservative. In fact, Rao has been called the worst “Trump judge” by some liberal outlets.
Also of interest is that neither Katsas nor Rao wrote concurrences intending to “hedge” their support of the main Opinion. They signed on in full with everything Judge Millett wrote.
Overall, the Court of Appeals got it right, including the other issues raised.
Nominee Joe Biden Donald Trump
Party Democratic Republican
Home state Delaware Florida
Running mate Kamala Harris Mike Pence
Electoral vote 3 0
Popular vote 317,323 18,586
Percentage 92.15% 5.40%
How many Floyd rioters were given ten year sentences for fighting with a cop?
If this is a common result in a protest/riot, then those who complain that the sentence was unfair have no basis.