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Criminal Law opinion

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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