Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Practice Areas / Criminal Law (page 5)

Criminal Law

Criminal Law: Escape-Speedy-Trial Violation-Substantive Reasonableness of Sentence

Defendant, an inmate, absconded from federal prison grounds. Defendant was later apprehended and charged with escape. Defendant conditionally pleaded guilty. On appeal, defendant argued that he was subject to a speedy-trial violation, that his counsel’s assistance was constitutionally deficient and ...

Read More »

Criminal Law: Involuntary Manslaughter-Newborn Death Due to Drug Toxicity-Motion to Dismiss Indictment

After the death of her newborn due to combined drug toxicity, defendant was charged with involuntary manslaughter. Defendant successfully moved to dismiss the indictment on grounds that the charged offense did not cover her conduct. The government appealed from the ...

Read More »

Criminal Law: Sentencing-Base Offense Level

  Where a defendant who pleaded guilty in a drug-possession case challenged his sentence, the district court did not err in calculating the defendant’s base level, and the sentence was substantively reasonable, so the judgment is affirmed. Judgment is affirmed. ...

Read More »

Criminal Law: Felon in Possession of Firearm-Admission of Prior Felonies-Prior Conviction Involving Firearm

Defendant was convicted of being a felon in possession of a firearm. On appeal, defendant challenged the district court’s admission of evidence that defendant previously had been convicted of a felony involving a firearm. Where the prior-bad-acts evidence was relevant ...

Read More »

Criminal Law: Sentencing-Prior Convictions

  Where a defendant challenged his sentence arguing that Missouri second-degree robbery was not a crime of violence under the sentencing guidelines, the district court properly found that the offense was a crime of violence, so the judgment is affirmed. ...

Read More »

Criminal Law: Drug and Firearm Offenses- Plea Agreement- Appeal Waiver

Defendant pleaded guilty to drug and firearm offenses pursuant to a plea agreement containing an appeal waiver. On appeal, defendant challenged the substantive reasonableness of his sentence. Where defendant’s argument was within the scope of his appeal waiver, the court ...

Read More »

Criminal Law: Conspiracy to Distribute Methamphetamine- Drug User in Possession of Firearm-Sentencing Enhancing

Defendant pleaded guilty to conspiracy to distribute methamphetamine and being a drug user in possession of a firearm. The district court imposed a two-level enhancement for possessing a firearm in connection with a drug-trafficking conspiracy. On appeal, defendant challenged application ...

Read More »

Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Violent Felony

Defendant pleaded guilty to being a felon in possession of a firearm. The district court imposed a 15-year statutory minimum sentence under the ACCA, finding that defendant had committed three prior “violent felonies”. On appeal, defendant argued that his 1977 ...

Read More »

Criminal Law: Sentencing-ACCA-Iowa Convictions

Where defendants in consolidated cases argued that the district court erred in determining that their prior convictions under an Iowa statute warranted a drug-offense enhancement under the Armed Career Criminal Act, the judgments are affirmed because the convictions qualified as ...

Read More »

Domestic Relations: Divorce-Equitable Distribution-Equalization Payment

Plaintiff appealed from the judgment dissolving his marriage to defendant, specifically the portion of the equitable-distribution order that directed plaintiff to pay a cash-equalization payment to defendant. Plaintiff argued that the payment represented half the value of his retirement account, ...

Read More »

Criminal Law: Post-Conviction Relief-Timeliness-Failure to Appoint Counsel

Defendant filed a pro se motion for post-conviction relief, which included an in forma pauperis affidavit claiming indigence due to incarceration. Defendant requested appointment of counsel, but none was appointed. The trial court denied the motion as untimely. Where the ...

Read More »