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Criminal Law-Possession of Child Pornography-Mandatory Minimum Sentence-Due Process Violations
Defendant appealed his conviction and sentence for possession of child pornography. The district court determined that defendant was subject to a mandatory minimum sentence for a prior state conviction for child abuse. Defendant challenged […]
Criminal Law-Expungement-Rebuttal of Presumption
The St. Louis Metropolitan police department appealed the trial court’s order expunging petitioners’ criminal records. Where the department failed to rebut the presumption that expungement was consistent with the public […]
Criminal Law-Child Pornography-Appeal Waiver-Reasonableness of Sentence
Defendant appealed the sentence imposed following his guilty plea to child pornography and firearm offenses pursuant to a plea agreement containing an appeal waiver, challenging the reasonableness of the sentence. […]
Criminal Law-Unlawful Possession of a Firearm and Ammunition-Constitutionality of Statute-Facial and As-Applied Challenges
Defendant appealed his conviction for unlawful possession of a firearm and ammunition as a felon, arguing that the statute of conviction violated the Second Amendment, both facially and as-applied. Where […]
Criminal Law-Theft of Public Money-Making False Statements-Admission of Disciplinary Records
Defendant appealed his conviction for theft of public money and making a false statement to a government agency. The government sought to introduce a reprimand that defendant’s supervisor had issued […]
Criminal Law-Supervised Release-Determination of Standard Conditions-Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed after the court remanded the case for consideration of the standard conditions of his supervised release, challenging the substantive reasonableness of his sentence. Where the […]
Criminal Law-Supervised Release-Revocation-Procedural Reasonableness of Sentence
Defendant appealed the district court’s sentence imposed following the revocation of his supervised release, arguing that the sentence was procedurally unreasonable because the district court’s reference to the statutory sentencing […]
Criminal Law-Felon in Possession of Firearm-Upward Departure-Procedural and Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed following his guilty plea to being a felon in possession of a firearm, challenging the procedural and substantive reasonableness of the sentence after the district […]
Criminal Law-Felon in Possession of Firearm-Judgment as a Matter of Law-Sufficiency of Evidence
Defendant appealed the denial of his motion for judgment as a matter of law and his conviction for being a felon in possession of a firearm, challenging the sufficiency of […]
Criminal Law-Felon in Possession of Firearm-Armed Career Criminal Act-Counting Prior Felonies
Defendant appealed the sentence imposed following his guilty plea to being a felon in possession of a firearm. At sentencing, the district court sentenced defendant under the Armed Career Criminal […]
Criminal Law-Drug Offense-Appeal Waiver-Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed following his guilty plea to a drug offense containing an appeal waiver, challenging the substantive reasonableness of his sentence. Where the appeal waiver was enforceable […]
Criminal Law-Drug Offense-Appeal Waiver-Sentencing Challenge
Defendant appealed the sentence imposed following his guilty plea to a drug offense pursuant to a plea agreement containing an appeal waiver. Where the appeal waiver was enforceable, the court […]
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