Quantcast
Don't Miss
Home / Opinions / Practice Area opinion / Criminal Law opinion (page 4)

Criminal Law opinion

Criminal Law: Felon in Possession of a Firearm-Armed Career Criminal-Calculation of Base-Offense Level

Defendant pleaded guilty to being a felon in possession of a firearm. The district court concluded that defendant qualified as an armed career criminal and calculated a base-offense level of 34 with a criminal history category VI. On appeal, defendant ...

Read More »

Criminal Law: Illegal Reentry-Downward Departure-Substantive Reasonableness of Sentence

Defendant pleaded guilty to illegally reentering the country. Defendant faced a guidelines range of 46-57 months of incarceration. The district court declined to lower defendant’s criminal history score but granted a downward departure of three levels because applicable enhancements overstated ...

Read More »

Criminal Law: Possession with Intent to Distribute-Prior Felony Convictions-Career-Offender Enhancement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a written plea agreement that contained an appeal waiver. The district court concluded that defendant had two prior felony convictions subjecting him to the career-offender enhancement and sentenced him ...

Read More »

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

Defendant pleaded guilty to being a felon in possession of a firearm. The district court increased defendant’s base offense level after finding that his prior Arkansas conviction for robbery was a “crime of violence.” Defendant appealed, arguing that his Arkansas ...

Read More »

Criminal Law: Drug Offenses-Within-Guidelines Sentence-Denial of Downward Variance

Defendant appealed from his within-guidelines sentence, imposed after defendant pleaded guilty to a drug offense. On appeal, defendant argued that the district court abused its discretion in denying defendant’s request from a downward variance. Where the district court considered defendant’s ...

Read More »

Criminal Law: Possession with Intent to Distribute-Plea Agreement-Ineffective Assistance

Defendant pleaded guilty to possession with intent to distribute pursuant to a plea agreement. The agreement included an appeal waiver, which included collateral claims except claims based on ineffective assistance of counsel challenging the validity of defendant’s plea or appeal ...

Read More »

Criminal Law: Distribution of Cocaine Base Mixtures-Career Offender Enhancement-Crime of Violence

Defendant pleaded guilty to three controlled-substance offenses. The district court found that defendant’s two prior felony convictions in Minnesota for simple robbery qualified as crimes of violence and accordingly applied the career-offender enhancement. Where the court previously rejected the argument ...

Read More »

Criminal Law: Enticing a Minor-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to attempting to entice a minor to engage in sexual activity. The district court sentenced defendant to a within-guidelines sentence. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district court did not abuse its ...

Read More »

Criminal Law: Possession with Intent to Distribute-Felon in Possession of a Firearm-Armed Career Criminal Act

Defendant pleaded guilty to possession with intent to distribute and being a felon in possession of a firearm. Based on prior felony convictions, the district court determined that defendant was subject to an enhanced sentenced under the Armed Career Criminal ...

Read More »