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Criminal Law opinion

Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Lack of Reasonable Suspicion

Defendant entered a conditional guilty plea to being a felon in possession of a firearm. On appeal, defendant challenged the denial of his motion to suppress, arguing that the search that discovered his firearm was based on police’s mistaken belief ...

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Criminal Law: Use of Firearm in Furtherance of Crime-Crime of Violence-Constitutionality

CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally ...

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Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Explain Immigration Consequences

Defendant pleaded guilty to unlawfully using identification documents. At defendant’s plea hearing, the district court confirmed that defendant understood he would likely be deported after serving his sentence and that his attorney had explained the same to him. On appeal, ...

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Criminal Law: Possession of Child Pornography-Upward Sentencing Variance-Constitutionality of Sentence

Defendant pleaded guilty to possession of child pornography. The district court varied upward from the guidelines sentence. On appeal, defendant challenged the constitutionality of his sentence, arguing that the district court relied upon unproven allegations in his presentence investigation report. ...

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Criminal Law: Accessory After the Fact to Homicide-Conspiracy to Distribute Methamphetamine-Substantive Reasonableness of Consecutive Sentences

Defendant pleaded guilty to being an accessory after the fact to homicide and in a separate case to conspiracy to distribute methamphetamine. The district court held two sentencing hearings on the same day and imposed consecutive sentences on both convictions. ...

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Criminal Law: Distribution of Methamphetamine-Felon in Possession of Firearm-Leadership Role Sentencing Enhancement

Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine and to being a felon in possession of a firearm. The district court imposed a four-level, leadership-role sentencing enhancement. On appeal, defendant challenged the sentencing enhancement ...

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Employment Law: Self-Funded Employee Benefit Plan-Payment of Medical Benefits-Reimbursement from Tortfeasor’s Settlement

Defendant was a member of a self-funded employee benefit plan administered by plaintiff, which paid medical benefits to defendant after he was injured in an accident. When defendant reached settlement with the tortfeasor, plaintiff sought reimbursement of the benefits it ...

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