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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: 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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