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8th U.S. Circuit Court of Appeals

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Criminal Law: Sentencing-Appeal Waiver-Ineffective Assistance Claim

Where a defendant challenged the reasonableness of his sentence, the appeal waiver is enforced, and to the extent that the defendant raised claims of ineffective assistance of counsel, the court declined to consider the claims, so the appeal is dismissed. ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence after his guilty plea to drug and firearm offenses, the plea agreement included an appeal waiver that was valid, enforceable and applicable to the issues raised on appeal, so the appeal is dismissed. Appeal ...

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Criminal Law: Obstructing Commerce by Robbery-Career-Offender Designation-Predicate “Crime of Violence”

Defendant pleaded guilty to obstructing commerce by robbery after he robbed a drug store’s safe. On appeal, defendant challenged the district court’s determination that his conviction for robbery under 18 U.S.C. §1951 qualified as a “crime of violence” for a ...

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Criminal Law: Drug Offense-Appeal Waiver-Within-Guidelines Sentence

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the district court’s imposition of a within-guidelines range sentence, arguing that the government breached a supplement to the plea ...

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Criminal Law: Drug and Firearms Offenses-Appeal Waiver-Within-Guidelines Range Sentence

Defendant pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Defendant appealed from the district court’s imposition of a guidelines-range sentence, challenging the factual basis for his guilty plea and the validity of ...

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Immigration: Removal-Voluntary Departure

Where a petitioner from Mexico sought review of an order that dismissed her appeal from a decision denying her application for the withholding of removal, substantial evidence supported the denial because the petitioner failed to establish that she was a ...

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