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8th U.S. Circuit Court of Appeals

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Criminal Law: Sentencing – Enhancement – Drug And Firearm Possession

Where a defendant who was arrested as a felon in possession of firearms possessed only a “user” quantity of methamphetamine, the district court should not have applied the four-level enhancement without making a finding that the guns facilitated the drug ...

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Criminal Law: Effectiveness Of Counsel – Second-Degree Murder – Battered-Spouse Syndrome

Where defendant claimed her counsel was ineffective for failing to retain an expert to investigate battered-spouse syndrome as a defense to a charge of second-degree murder in the shooting death of her husband, the appellate court is precluded from addressing ...

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Criminal Law: Child Pornography – Sufficiency Of Evidence – Computer Search

(1)Where co-workers of a county paramedic opened the paramedic’s personal laptop and found child pornography, the co-workers were not acting as government agents but in their personal capacity so there was no government action to support the defendant’s claim of ...

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Criminal Law: Accomplice Testimony – Cocaine Conspiracy – New Evidence

Where a defendant convicted of conspiring to distribute cocaine challenged the sufficiency of evidence which consisted of the testimony of co-conspirators, accomplice testimony does not need to be corroborated to support a conviction, so the district court did not err ...

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