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Practice Area opinion

Criminal Law: Possession with Intent to Distribute-Mandatory Minimum Sentence-Safety-Valve Relief

Defendant pleaded guilty to possession with intent to distribute a compound or mixture containing methamphetamine. On appeal, defendant argued that the district court should have granted him safety-valve relief. Where the district court credited officers’ testimony that defendant changed material ...

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Administrative: SSI and SSDI-Sequential Evaluation Process-Sufficiency of Evidence

Plaintiff appealed from the district court’s decision upholding the commissioner of Social Security’s final decision denying plaintiff’s applications for SSDI and SSI. On appeal, plaintiff argued that an administrative law judge’s findings in three steps of the statutory five-step sequential ...

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Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Lack of Reasonable Suspicion

Defendant entered a conditional guilty plea to being a felon in possession of a firearm. On appeal, defendant challenged the denial of his motion to suppress, arguing that the search that discovered his firearm was based on police’s mistaken belief ...

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Criminal Law: Use of Firearm in Furtherance of Crime-Crime of Violence-Constitutionality

CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally ...

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