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  Defendant was convicted of first-degree assault and first-degree burglary. On appeal, defendant argued that the burglary statute was facially ambiguous and that, resolving any ambiguity in his favor, the evidence was insufficient to support his conviction. Defendant further argued ...

Tagged with: Burglary Criminal Law prosecutorial misconduct Sufficiency Of Evidence

  Defendant committed a robbery while on supervised release from a prior bank robbery conviction. The district court sentenced defendant to an upward variance from the guidelines range. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district ...

Tagged with: Criminal Law robbery Substantive Reasonableness of Sentence Violation of Supervised Release

  Defendant was indicted for possession of a firearm by a felon, in addition to other charges. After the magistrate recommended denial of defendant’s suppression motion, defendant pleaded guilty to the possession charge. On appeal, defendant argued that the law ...

Tagged with: Criminal Law Fourth Amendment Violation Motion To Suppress Possession of Firearm by Felon

  Defendant pleaded guilty to being a felon in possession of a firearm. The district court applied a four-level enhancement for defendant’s conviction being in connection with another felony. On appeal, defendant challenged the denial of his suppression more and ...

Tagged with: Application of Sentencing Enhancement Criminal Law Felon in Possession of Firearm Suppression of Evidence

  Defendant was convicted of drug trafficking and possession of firearms in furtherance of drug trafficking. On appeal, defendant argued that the district court erroneously denied his motion for judgment of acquittal, asserting that the evidence was insufficient to support ...

Tagged with: Drug Trafficking Judgment of Acquittal Sufficiency Of Evidence

  Petitioner filed a §2255 petition, arguing that he no longer qualified as an armed career criminal. The presentence report for petitioner’s underlying conviction found that he had five prior felony or serious drug convictions. Thereafter, the Supreme Court retroactively ...

Tagged with: Armed Career Criminal Criminal Law Predicate Convictions §2255 Petition

  Where a defendant challenged his conviction for attempted child enticement, the defendant failed to show that any instructional error affected the verdict, and the judgment is affirmed because the defendant failed to provide a factual basis for his proposed ...

Tagged with: Child Enticement Closing Argument Criminal Law jury instructions

  Where  a defendant challenged his conviction for attempted sexual abuse, the defendant’s statement to police that he intended to see and touch the victim’s breasts was direct evidence of intent and the defendant took a substantial step toward that ...

Tagged with: Attempted Sexual Abuse Criminal Law jury instructions Sufficiency Of Evidence

  Where a defendant challenged the denial of his motion for post-conviction relief, the defendant’s original pro se motion was not timely filed and did not claim that the tardiness was the result of third-party interference, so his claim was ...

Tagged with: Criminal Law Post-Conviction Relief timeliness

  Where a defendant argued that his counsel was ineffective for failing to timely convey a plea offer, claiming he would been better off if his sentences ran concurrently, the judgment is affirmed because the defendant did not show that ...

Tagged with: Criminal Law effectiveness of counsel Plea Offer Post-Conviction Relief

  Where a defendant challenged an order to pay court costs that included jail board bills, the trial court erred in denying the motion to retax costs to remove the jail bills because there was no statutory authorization for the ...

Tagged with: Court Costs Criminal Law Jail Board Bills