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Criminal Law

Criminal Law: Escape from Custody-Upward Variance-Substantive Reasonableness of Sentence

While awaiting transfer to county jail after violating the rules of his residential reentry center, defendant fled from custody. Defendant was subsequently apprehended and pleaded guilty to escape. The district court varied upward from the guidelines range, finding it “woefully ...

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Felon in Possession of Firearm-Prior Crimes of Violence-Rejection of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm. The district court calculated defendant’s base-offense level and advisory guidelines range after concluding defendant had two prior convictions for a “crime of violence.” The district court rejected defendant’s ...

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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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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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