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Practice Area opinion

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 ...

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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 ...

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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 ...

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Civil Rights: 42 U.S.C. §1983-Racially Motivated Arrest and Prosecution-Statute of Limitations

Plaintiffs filed suit against defendants, alleging that plaintiffs’ arrest on charges of conspiracy and witness-tampering following a domestic disturbance was racially motivated, in violation of the First, Sixth, Eighth, and 14th  Amendments. The district court dismissed plaintiffs’ 42 U.S.C. §1983 ...

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