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Criminal Law opinion

Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Alternate Perpetrator Evidence

Where defendant challenged the effectiveness of counsel, arguing that his attorney failed to make an offer of proof regarding the victim’s alleged gang membership and drug dealing, the motion court did not err in denying post-conviction relief because the evidence ...

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Criminal Law: Felon in Possession of Ammunition-Consecutive to State Sentences-Error of Law

Defendant pleaded guilty to being a felon in possession of ammunition. The district court sentenced him to 84 months of incarceration consecutive to his undischarged state sentences. On appeal, defendant argued that the district court erroneously concluded that consecutive sentences ...

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Criminal Law: Possession with Intent to Distribute-Lowered Offense Level-Motion for Sentence Reduction

Defendant pleaded guilty to conspiracy and possession with intent to distribute. The district court sentenced defendant at the bottom of his guidelines range. The sentencing guidelines subsequently lowered the base level for defendant’s offense. The district court initially denied defendant’s ...

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Criminal Law: Possession with Intent to Distribute-Suppression of Evidence-Sufficiency of Evidence

Defendant was convicted of possession with intent to distribute. On appeal, defendant alleged a number of errors, including denial of his suppression motion, denial of a Franks hearing, denial of in camera review of an officer’s personnel file, allowing a ...

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