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Criminal Law

Criminal Law: Felon in Possession of a Firearm-Serious Drug Offenses-In Connection with Crime of Violence

Defendant pleaded guilty to being a felon in possession of a firearm. The district court sentenced defendant under the Armed Career Criminal Act, finding that defendant’s prior Arkansas convictions qualified as serious drug offenses. The district court further determined that ...

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Criminal Law: Felon in Possession of a Firearm-Resentencing-Substantive Reasonableness of Sentence

Defendant’s sentence was previously vacated by the court after it concluded defendant did not qualify as an armed career criminal. On remand, the district court resentenced defendant to 120 months on his conviction. Defendant appealed, challenging the substantive reasonableness of ...

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Criminal Law: Felon in Possession of a Firearm-Reformed Sentence-Procedural and Substantive Error

  Defendant was convicted of multiple offenses and was initially sentenced to 420 months’ imprisonment; one of his convictions had the sentence enhanced under the ACCA. In an initial appeal, the court vacated defendant’s sentence after concluding defendant’s predicate conviction ...

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Criminal Law: Felon in Possession of Firearm-ACCA Enhancement-Predicate Crime of Violence

  Defendant pleaded guilty to being a felon in possession of a firearm. At sentencing, the district court sentenced defendant to the statutory minimum sentence under the Armed Career Criminal Act. On appeal, defendant challenged the ACCA enhancement. Where defendant’s ...

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Criminal Law: Drug Offense-Upward Sentencing Departure-Denial of Downward Departure

Defendant appealed his judgment of sentence entered after he pleaded guilty to a drug offense. The district court had granted the government’s motion for an upward variance and denied defendant’s request for a downward departure based on his mental health ...

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Criminal Law: Conspiracy to Participate in Racketeering-Downward Variance-“Good Time Credit”

  The government appealed the district court’s order reducing defendant’s prison term. Defendant pleaded guilty to conspiracy to participate in racketeering. The district court sentenced defendant to 115 months’ imprisonment, adjusting downward from the advisory guidelines sentence of 136 months ...

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Criminal Law: Child Pornography-Sentencing Enhancement-Pattern of Child Sexual Abuse

  Defendant pleaded guilty to accessing or attempting to access child pornography. The district court applied a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor.” On appeal, defendant challenged the ...

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Criminal Law: Promotion of Child Pornography-File-Sharing Program-Culpable Mental State

  Where a defendant challenged his conviction for promoting child pornography in the second degree arguing that the court failed to require the state to prove his culpable mental state when he unintentionally and unknowingly provided the materials to a ...

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