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Immigration: Asylum-Fear of Future Persecution-Political Persecution

Petitioner challenged the order of the Board of Immigration Appeals, which reversed the ruling of an immigration judge who ruled that petitioner, a Nigerian citizen, had a well-founded fear of future persecution and granted petitioner’s application for asylum. Where threats ...

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Employment: ADA-Disability Discrimination-Prima Facie Case

Plaintiff appealed from the district court’s grant of summary judgment to defendant in plaintiff’s discrimination-in-hiring claim under the Americans with Disabilities Act. On appeal, plaintiff argued that the district court erred in dismissing his claim based on the sufficiency of ...

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Criminal Law: Supervised Release Violations-Revocation-Substantive Reasonableness of Sentence

After committing several supervised release violations, the district court revoked defendant’s supervised release and sentenced him to eight months’ imprisonment. On appeal, defendant challenged the substantive reasonableness of his sentence, contending that his violations were technical in nature and did ...

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Criminal Law: Sentencing-Downward Variance-Substantive Reasonableness

Where a defendant who pleaded guilty to drug charges challenged his sentence, the record showed that the district court adequately  considered the sentencing factors and did not abuse its discretion by refusing a further downward variance, and the judgment is ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant challenged his sentence in a drug-conspiracy case, the plea agreement included an appeal waiver, and the sole issue raised on appeal was within the waiver, so the appeal is dismissed. Appeal is dismissed. U.S. v. Gatling (MLW ...

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Criminal Law: Sexual Exploitation of a Child-Obstruction of Justice Enhancement-Substantive Reasonableness of Sentence

Defendant appealed from his sentence imposed after he pleaded guilty to sexual exploitation of a child. On appeal, defendant challenged the district court’s application of a sentencing enhancement for obstruction of justice and its denial of an acceptance-of-responsibility reduction, and ...

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Criminal Law: Illegal Reentry-Simultaneous Prosecution and Removal-Bail Reform Act

The government charged defendant with illegal reentry and simultaneously prosecuted and removed him. Defendant moved to dismiss his indictment, arguing that his simultaneous prosecution and removal violated the Bail Reform Act and his constitutional rights. The district court denied the ...

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Criminal Law: Felony Child Abuse and Neglect-Imprisonment and Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to felony child abuse and neglect and was sentenced to 60 months’ imprisonment followed by three years’ supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court based its sentencing on ...

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Criminal Law: Conspiracy to Distribute Cocaine Base-Sufficiency of Evidence-Calculation of Offense Level

Defendants were found guilty of drug and firearms offenses. Defendant Bruce Pugh was sentenced to 110 months’ incarceration, and defendant Darren Warren was sentenced to 130 months’ imprisonment. On appeal, defendants challenged the sufficiency of evidence; Pugh also challenged the ...

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