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Criminal Law opinion

Criminal Law: Revocation of Supervised Release-Guidelines-Range Sentence-Substantive Reasonableness of Sentence

Defendant appealed the guidelines-range sentence imposed by the district court after it revoked defendant’s supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court properly considered all statutory sentencing factors, it did not impose ...

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Criminal Law: Revocation of Supervised Release-Upward Variance-Substantive Reasonableness of Sentence

Defendant was sentenced to 24 months of incarceration following the revocation of his supervised release. Defendant argued that his sentence was substantively unreasonable because the district court varied upward based on speculation that defendant committed an uncharged crime Where the ...

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Criminal Law: Drug Trafficking-Life Sentence-Substantive Reasonableness of Sentence

Defendant was sentenced to life imprisonment plus 40 years for several serious drug-trafficking and firearms offenses. The firearms convictions were later vacated due to an intervening judicial decision, and defendant’s case was remanded for resentencing. The district court found a ...

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Criminal Law: Felon in Possession of Firearm-Increased Base-Offense Level-“Crime of Violence”

Defendant appealed from his sentence imposed following his conviction for being a felon in possession of a firearm, arguing that the district court improperly increased his base-offense level because his prior Missouri conviction for second-degree robbery was not a “crime ...

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Criminal Law: Possession with Intent to Distribute- Rejection of Recommended Sentence-Breach of Plea Agreement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a plea agreement in which the government recommended a sentence of 18 months of imprisonment. The district court instead imposed a 60-month sentence, stating that there was no reason ...

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Criminal Law: Bank Robbery-Sentencing Enhancement-Death Threats Made During Crime

Defendant pleaded guilty to bank robbery. His presentence report applied a two-level enhancement after finding defendant made a death threat during the robbery. On appeal, defendant challenged the sentencing enhancement and argued that his sentence was substantively unreasonable. Where defendant’s ...

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Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel

Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable. Where clams of ineffective assistance of counsel ...

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