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Criminal Law

Criminal Law: Conspiracy to Distribute-Motion to Suppress Evidence-Denial of Sentencing Reduction

Defendant was convicted of conspiracy and possession with intent to distribute, arising from his involvement in a drug-distribution scheme. Defendant was arrested after police conducted a controlled delivery to defendant’s duplex. On appeal, defendant challenged the denial of his motion ...

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Felon in Possession of Firearm-Sentencing Guidelines Calculation-Attempted Murder of Police Officer

Defendant pleaded guilty to being a felon in possession of a firearm. The district court sentenced defendant to 10 years’ incarceration after hearing testimony that defendant fired at a police officer trying to apprehend him. On appeal, defendant challenged the ...

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Criminal Law: Sentencing-Appeal Waiver

Where a defendant directly appealed after pleading guilty to multiple offenses, the appeal waiver was valid and enforceable and applied to the argument, so the judgment is affirmed. Judgment is affirmed. Diaz-Aburto v. U.S. (MLW No. 73543/Case No. 18-2599 – ...

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Criminal Law: Sentencing-Supervised Release

Where a defendant challenged the imposition of sentence following the revocation of supervised release, the record showed that the district court gave significant consideration to the defendant’s issues including his drug dependency and mental health, and the decision was within ...

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Criminal Law: Sentencing-Variance

Where a defendant challenged the substantive reasonableness of his sentence in a felon-in-possession case, the factors that were used to calculate the advisory range can form the basis of a variance, and the district court did not abuse its discretion ...

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Driver’s License: Suspension of Driving Privileges-Admission of BAC Test Results-Sufficiency of Foundation

The director appealed the trial court’s judgment setting aside an administrative suspension of petitioner’s driving privileges. Petitioner had petitioned for review of the suspension of her driving privileges for excessive blood-alcohol level. Petitioner consented to a BAC test, but paramedics ...

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Criminal Law: Sentencing-Special Conditions

Where a defendant who pleaded guilty to failing to register as a sex offender challenged special conditions of supervised release, the district court did not abuse its discretion by requiring him to participate in a sex-offender-treatment program, and a probation ...

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Criminal Law: Post-Conviction Relief-Guilty Plea-Deportation Consequences

Where a defendant challenged the denial of post-conviction relief after his guilty plea, the trial court did not err in denying the motion because the plea counsel had no duty to advise him of the deportation consequences of the plea, ...

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Criminal Law: Effectiveness of Counsel-Life Imprisonment-Intellectual Disability

Where a defendant, who pleaded guilty to charges including one count of first-degree murder, moved for post-conviction relief arguing that his counsel was ineffective and thus his plea was not knowing or voluntary, the judgment is affirmed because the defendant ...

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