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Criminal: Motion to Vacate Sentence-Ineffective Assistance of Counsel-Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness for failing to advise plaintiff of the consequences of testifying at a pretrial-release revocation hearing ...

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Criminal: Habeas Petition-Ineffective Assistance of Counsel-Advising Not to Testify in Defense

Plaintiff filed a habeas petition alleging ineffective assistance of trial counsel, who purportedly dissuaded plaintiff from testifying in his own defense in his rape trial, after trial counsel’s cross-examination revealed inconsistencies in the victim’s testimony. The Arkansas state court rejected ...

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Criminal: Fraud-Substantively Unreasonable Sentence-Victim’s Loss Under Dismissed Count

Defendant appealed her sentence imposed following her guilty plea to fraud offenses. On appeal, defendant challenged her sentence as substantively unreasonable, arguing that the district court erred in considering the loss suffered by the victim of an offense under a ...

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Criminal: Conspiracy to Distribute Narcotics-Sentencing Enhancement-Use or Threat of Violence

Defendant pleaded guilty to conspiracy to distribute methamphetamine. During intercepted phone calls, defendant suggested two co-conspirators needed to be assaulted for working with law enforcement and paid another co-conspirator to carry out the assaults. The district court imposed a sentencing ...

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Criminal: Carjacking-Waiver of Challenge to Conviction and Sentence-Assessment of Criminal History Points

Defendant pleaded guilty to carjacking and related offenses after admitting he stole a car at gunpoint with the owner’s dog in the backseat; defendant later crashed the vehicle, killing the dog. Defendant’s plea agreement included a waiver of challenge to ...

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Criminal: Armed Robbery-Forfeiture of Right to Testify-Defendant’s In-court Outbursts

Defendant was convicted of robbing a bank with a sawed-off shotgun and shortly thereafter carjacking an individual. On appeal, defendant raised various challenges, including arguments that the district court failed to construe his letters raising various complaints as a motion ...

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