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Criminal Law

Criminal Law: Sentencing-Enhancement

Where a defendant challenged his sentence in a drug-trafficking case, the district court did not clearly err in concluding that he maintained a premises for the purpose of manufacturing or distributing a controlled substance, so a two-level enhancement was proper, ...

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Criminal Law: Assault of Postal Employee-Voluntary Intoxication Defense-General Intent Crime

Defendant was charged with assaulting a postal employee. At trial, defendant was barred upon the government’s motion from presenting a voluntary intoxication defense that he lacked specific intent to assault. The district court agreed with the government that U.S. v. ...

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Criminal Law: Involuntary Manslaughter-Cause of Death-Unattended Delivery

Where a woman was convicted of first-degree involuntary manslaughter after she gave birth at home unattended, there is no duty imposed on expectant mothers to have a medically attended birth, so the fact that the birth was unattended does not ...

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Criminal Law: Felon in Possession of a Firearm-Sentencing Enhancement-Denial of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court’s application of a two-level enhancement for possession of at least three firearms. Defendant also challenged the denial of a ...

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Criminal Law: Appeal Waiver-Validity

CWhere a defendant who pleaded guilty in a drug-conspiracy case challenged his sentence as substantively unreasonable, the appeal waiver executed as part of the plea agreement was valid and enforceable and applicable to the issues that the defendant raised, so ...

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Criminal Law: Production of Child Pornography-Special Condition of Supervision-First Amendment Violation

Defendant pleaded guilty to production of child pornography and related charges. The district court sentenced him to an aggregate prison term of 480 months and imposed an aggregate 23-year term of supervised release. On appeal, defendant challenged, on First Amendment ...

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Criminal Law: Sentencing-Controlled Substance Offense-Mitigating Factors

Where defendants, who pleaded guilty to possessing a firearm after being convicted of a felony, challenged their sentences, the judgment is affirmed because a defendant’s 2012 conviction qualified as a controlled substance offense, and the court did not fail to ...

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Driver’s License: DWI-Breath-Test Refusal

  Where a driver challenged the revocation of his driving privileges in a DWI case, the arresting officer provided testimony that the driver refused to submit to the request for a breath test, so the trial court did not err ...

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