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Criminal Law

Criminal Law: Sentencing-Enhancement

Where a defendant argued that the district court erred in applying a sentencing enhancement for using or possessing a firearm in connection with another felony offense, the defendant’s reasoning was rejected in prior caselaw, and the judgment is affirmed because ...

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Criminal Law: Sentencing-Double Counting

Where a defendant challenged his sentence in a drug case arguing that double counting occurred when guidelines calculations included both the drugs seized on that date and a consideration of his supervised-release status, the district court evaluated the seriousness of ...

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Criminal Law: Sentencing-Base-Level Calculation-Downward Departure

Where a defendant challenged his sentence after pleading guilty to a firearm offense, the district court properly calculated the base offense level, and the defendant failed to support his claim of diminished capacity, so the court properly denied the request ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant appealed following his guilty plea in a drug-conspiracy case, the appeal waiver was valid and enforceable and applicable to the appeal, so the appeal is dismissed. Appeal is dismissed. U.S. v. Bradshaw (MLW No.74613/Case No. 19-2362 – ...

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Criminal Law: Possession with Intent to Distribute-Career-Offender Designation-Downward Sentence Variance

Defendant pleaded guilty to possession with intent to distribute. The preliminary investigation report recommended classifying defendant as a career offender. The district court accepted the classification despite defendant’s objection and imposed a downward variance on his guidelines range. Defendant challenged ...

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Criminal Law: Drug Offense-Appeal Waiver-Substantive Reasonableness of Sentence

Defendant appealed from the sentence imposed after he pleaded guilty to a drug offense, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the appeal waiver was enforceable ...

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Criminal Law: Drug and Firearms Offenses-Sufficiency of Evidence-Eyewitness Identification

Defendant appealed from his conviction for drug and firearms offenses, arguing that the district court erroneously admitted eyewitness identification evidence, failed to instruct the jury on eyewitness identification, and violated his Sixth Amendment right to counsel. Defendant also challenged the ...

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