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Criminal Law opinion

Criminal Law: Possession with Intent to Distribute-Maximum Guidelines Range Sentence-Improper Inference

Defendant pleaded guilty to possession of cocaine with intent to distribute. The district court determined the Guidelines range to be 37-46 months. The district court expressed credulity about defendant’s lack of drug trafficking experience even though the government had no ...

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Criminal Law: Drug User in Possession of Firearm-Guidelines Range-Upward Departure

Defendant pleaded guilty to being a drug user in possession of a firearm. Defendant’s presentence report included a four-level sentencing enhancement for possessing a firearm in connection with distribution of marijuana. The district court overruled defendant’s objection to the enhancement ...

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