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8th U.S. Circuit Court of Appeals

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Criminal Law: Supervised Release-Factors for Revocation-Substantive Reasonableness of Sentence

The district court revoked defendant’s supervised release and sentenced him to 18 months’ incarceration and five years’ supervised release. On appeal, defendant argued that the district court relied upon an improper factor in revoking his supervised release and imposed a ...

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Criminal Law: Sentencing-Supervised Release

Where a defendant challenged a sentence at the top of the guidelines range imposed after the revocation of his supervised release for the third time, the district court’s failure to state the applicable range at the final revocation hearing did ...

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Criminal Law: Sentencing-Supervised Release-Request for Treatment

Where a defendant challenged the revocation of supervision, the district court adequately considered the defendant’s request for substance-abuse treatment as an alternative to imprisonment and reasonably concluded that imprisonment was a better alternative. Judgment is affirmed. U.S. v. Hole (MLW ...

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Criminal Law: Sentencing-Special Conditions-Computer Restrictions

Where a defendant challenged the imposition of special condition of supervised release that forbids him from using computers or the internet without the permission of a probation officer, the totality of the circumstances justified the condition. Judgment is affirmed. U.S. ...

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Criminal Law: Sentencing-Prior Convictions-Controlled Substance Offense

Where a defendant who pleaded guilty to being a felon in possession argued that his prior drug-conspiracy conviction was not a controlled-substance offense under the guidelines, the judgment is affirmed because the defendant did not show any error that was ...

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Criminal Law: Sentencing-Jurisdiction

Where a defendant challenged an amended judgment reducing his sentence, the appellate court does not have jurisdiction over the appeal because it did not meet the criteria of 18 U.S.C. Section 3742(a). Appeal is dismissed. U.S. v. Monson (MLW No. ...

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Criminal Law: Sentencing-Enhancement-Acceptance of Responsibility

Where a defendant who pleaded guilty to robbery and firearm offenses challenged his 150-month sentence, the district court did not err in applying a guidelines enhancement and in denying a reduction for the acceptance of responsibility, so the judgment is ...

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