Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Practice Areas / Criminal Law

Criminal Law

Criminal Law: Sentencing-Criminal History

Where a defendant challenged his sentence in a drug case, the district court did not err in failing to depart to a lower criminal history category or to vary downward, and the sentence was not substantively unreasonable, so the judgment ...

Read More »

Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis

Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual basis for defendant’s plea to the money-laundering charge, the district ...

Read More »

Criminal Law: Miranda-Custodial Interrogation

Where a defendant challenged her convictions in an involuntary manslaughter case arguing that her recorded statements should not have been admitted at trial because she had not been properly informed of her Miranda rights, under the totality of the circumstances, ...

Read More »

Criminal Law: Drug Offense-Appeal Waiver-Above-Guidelines Sentence

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. Defendant appealed his above-guidelines sentence as substantively unreasonable. Where defendant’s appeal fell within the scope of his appeal waiver, the court dismissed the ...

Read More »

Criminal Law: Carjacking-Possession of Firearm in Crime of Violence-Residual Clause

Defendant pleaded guilty to carjacking and possession of a firearm in relation to a crime of violence. Following sentencing, defendant unsuccessfully moved to correct his sentence in the wake of Johnson v. U.S., 1315 S.Ct. 2551, which ruled that the ...

Read More »

Criminal Law: Sentencing-Career Offender

Where a defendant challenged his sentence in a methamphetamine case, the defendant’s Missouri drug-offense conviction qualified as a controlled-substance offense under the guidelines, so the judgment is affirmed because the district court did not err in finding that he qualified ...

Read More »

Criminal Law: Expungement-Ineligible Offenses

Where appellant challenged the denial of his petition for the expungement of his second-degree robbery conviction, the trial court erred in concluding that the conviction was ineligible for expungement under the relevant statute. Judgment is reversed and remanded. R.H. v. ...

Read More »

Criminal Law: Unreasonable Search-GPS Tracker

Where a defendant challenged warrants for the installation of GPS trackers, the affidavits supporting each warrant application provided probable cause to believe that the defendant was involved in drug trafficking, and supporting affidavits established that confidential informants had a record ...

Read More »

Criminal Law: Felon in Possession of Firearm-Crime of Violence-Resisting Arrest

Defendant pleaded guilty to being a felon in possession of a firearm. The district court ruled that defendant’s prior Missouri conviction for resisting arrest qualified as a “crime of violence” and calculated defendant’s base offense level and guidelines range accordingly. ...

Read More »