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Criminal Law

Criminal Law: Sentencing-Enhancements-Sufficiency of Evidence

Where a defendant challenged his sentence in a felon-in-possession case, the evidence was insufficient to show a connection between ammunition and marijuana for a sentencing enhancement, but any error was harmless because the district court stated that it would sentence ...

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Criminal Law: Sentencing-Enhancements

Where a defendant challenged his sentence in a child-pornography case, the district court did not err in applying an enhancement for sadistic content or for use of a computer to communicate with a minor, so the judgment is affirmed. Judgment ...

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Criminal Law: Traffic Stop-Motion To Suppress

Where a defendant challenged the denial of his motion to suppress evidence in a felon-in-possession case, any mistake of law made by the arresting officer was objectively reasonable, so the traffic stop was lawful, and the judgment is affirmed. Judgment ...

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Criminal Law: Possession of Child Obscenity-Unconstitutionally Overbroad and Vague-First Amendment

Defendant was convicted of possession of child obscenity after police discovered in defendant’s home drawings appearing to depict minors engaging in sexual acts with adults who appeared to be their parents. On appeal, defendant challenged his conviction, arguing that the ...

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Criminal Law: Motion for New Trial-Request for Documents-Newly Discovered Evidence

Defendant appealed from the denial of his motion for a new trial and his request for copies of documents. Where the district court committed no abuse of discretion to deny defendant’s request for a new trial and for copies of ...

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Criminal Law: Felon in Possession of Firearm-Plea Agreement-Upward Departure

Defendant pleaded guilty to being a felon in possession of a firearm pursuant to a plea agreement, after defendant shot and killed another individual after he attacked defendant at his home. As part of the agreement, the government declined to ...

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Criminal Law: Distribution of Heroin-Sufficiency of Evidence-Denial of Downward Variance

Defendant appealed from his sentence following his conviction for distribution of heroin, conspiracy, and aiding and abetting. Defendant challenged the sufficiency of the evidence supporting the jury verdict and argued that the district court erred in not granting him a ...

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