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8th U.S. Circuit Court of Appeals

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Criminal Law: Sentencing – Reduction – Crack Cocaine

Where a guidelines amendment did not lower a drug defendant’s applicable guidelines range, the district court did not have the authority to grant a Section 3582(c)(2) reduction, so the defendant’s reduced sentence is vacated and remanded. Sentence is reversed and ...

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Criminal Law: Sentencing – Illegal Reentry – Acceptance Of Responsibility

Where a defendant convicted of illegal reentry into the country did not stipulate to any elements of the offense and called into doubt elements of the crime during cross-examination and closing arguments, the district court did not err in denying ...

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Criminal Law: Sentencing – Guidelines Range

Where the district court increased the offense level of a criminal defendant in a fraud case on the ground that the conspiracy involved “the production or trafficking” of a counterfeit access device, the court should not have applied the enhancement ...

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Criminal Law: Sentencing – Enhancements – Prior Conviction

Where a defendant who pleaded guilty to receipt of material involving the sexual exploitation of minors had a 1968 state conviction for committing lascivious acts with children, the district court did not err in concluding that the prior conviction triggered ...

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Criminal Law: Heroin Death – Drug Distribution – Scope Of Cross Examination

Where a defendant, who was convicted on charges that he distributed heroin resulting in death, appealed the limitation of his cross examination of government witnesses, continued cross examination would have added only marginally to any impeachment that the defendant hoped ...

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Criminal Law: Drug Conspiracy – Sequestration Order – Hearsay

Where defendants facing drug conspiracy charges argued they were prejudiced because their ability to test the veracity of witnesses through cross examination was compromised by the witnesses’ conversations with each other, the district court did not abuse its discretion in ...

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