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Practice Area opinion

Criminal Law: Drug Trafficking-Sufficiency of Evidence-Guidelines Range Calculation

Defendants appealed their convictions for drug trafficking crimes and the sentences imposed by the district court. On appeal, defendants challenged the sufficiency of the evidence supporting their convictions and the calculation of the Guidelines ranges by holding defendants responsible for ...

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Criminal Law: Violation of Condition of Supervised Release-Prohibition on Contact with Persons-Proof of Paternity

Defendant was convicted of bank robbery and sentenced to imprisonment followed by supervised release. While on release, defendant lived with Travisteen Lewis, a woman whose child defendant purported to be the father of. Defendant subsequently violated the conditions of his ...

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Criminal Law: Conspiracy to Distribute Methamphetamine-Life Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to life in prison. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court sufficiently considered the statutory sentencing factors and did not rely on ...

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Criminal Law: Conspiracy to Distribute Cocaine-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed his conviction for conspiracy to distribute cocaine, challenging the sufficiency of evidence and alleging ineffective assistance of trial counsel. Where evidence at trial supported finding that defendant had been purchasing cocaine in conjunction with an accomplice from multiple ...

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Criminal Law: Felon in Possession of Ammunition-Upward Variance-Sufficiency of District Court’s Sentencing Reasoning

Defendant pleaded guilty to being a felon in possession of ammunition. On appeal, defendant argued that the district court erred in varying upward from the Guidelines range by incorrectly doubling the number of his prior felony convictions, and failed to ...

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Criminal Law: Conspiracy to Distribute Methamphetamine-Description of Offense Conduct-Sentencing Guidelines Calculation

Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine. Defendant unsuccessfully objected to the presentence investigation report’s description of the offense conduct and the proposed Sentencing Guideline calculation. The district court ultimately imposed a low-end ...

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