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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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Criminal Law: Use of Firearm in Furtherance of Crime-Crime of Violence-Constitutionality

CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally ...

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Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Explain Immigration Consequences

Defendant pleaded guilty to unlawfully using identification documents. At defendant’s plea hearing, the district court confirmed that defendant understood he would likely be deported after serving his sentence and that his attorney had explained the same to him. On appeal, ...

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