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Criminal Law: Possession of Child Pornography-Upward Sentencing Variance-Constitutionality of Sentence

Defendant pleaded guilty to possession of child pornography. The district court varied upward from the guidelines sentence. On appeal, defendant challenged the constitutionality of his sentence, arguing that the district court relied upon unproven allegations in his presentence investigation report. ...

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Criminal Law: Accessory After the Fact to Homicide-Conspiracy to Distribute Methamphetamine-Substantive Reasonableness of Consecutive Sentences

Defendant pleaded guilty to being an accessory after the fact to homicide and in a separate case to conspiracy to distribute methamphetamine. The district court held two sentencing hearings on the same day and imposed consecutive sentences on both convictions. ...

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Criminal Law: Distribution of Methamphetamine-Felon in Possession of Firearm-Leadership Role Sentencing Enhancement

Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine and to being a felon in possession of a firearm. The district court imposed a four-level, leadership-role sentencing enhancement. On appeal, defendant challenged the sentencing enhancement ...

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Employment Law: Self-Funded Employee Benefit Plan-Payment of Medical Benefits-Reimbursement from Tortfeasor’s Settlement

Defendant was a member of a self-funded employee benefit plan administered by plaintiff, which paid medical benefits to defendant after he was injured in an accident. When defendant reached settlement with the tortfeasor, plaintiff sought reimbursement of the benefits it ...

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Criminal Law: Possession of Child Pornography-Violation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to possession of child pornography and was sentenced to 21 months of imprisonment followed by five years of supervised release. During his release, defendant admitted to violating the conditions of his release. The district court sentenced defendant ...

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Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Substantive Reasonableness of Sentence

Defendant appealed from his sentence, imposed following a conditional guilty plea to being a felon in possession of a firearm, after the government filed notice of the applicability of the Armed Career Criminal Act. On appeal, defendant argued that the ...

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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 ...

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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 ...

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