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Criminal Law opinion

Criminal Law: Felon in Possession of Firearm-Sentencing Enhancement-Possession in Connection with Another Felony

Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant argued that the district court erred in imposing a four-level guidelines sentencing enhancement for possessing a firearm in connection with another felony offense. Where the ...

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Criminal Law: Revocation of Supervised Release-Positive Drug-Test Patch-Sufficiency of Evidence

The district court revoked defendant’s supervised release after his sweat patches tested positive for amphetamine, methamphetamine and cocaine usage. The district court heard expert toxicology testimony concluding that the patch results reflected new drug use rather than residual drug in ...

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Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel

Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” ...

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Criminal Law: Distribution of Cocaine Base Near a School-Prior Felony Conviction-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distribution of cocaine base near a school after a prior felony conviction. The district court sentenced him to 188 months’ imprisonment. Defendant appealed, challenging the substantive reasonableness of his sentence. Where defense counsel directly addressed the ...

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