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Tag Archives: Below-Guidelines Sentence

Criminal Law: Conspiracy to Distribute Heroin-Career-Offender Determination-Below-Guidelines Sentence

Defendant pleaded guilty to conspiracy to distribute heroin. The district court sentenced defendant as a career offender to a below-guidelines sentence. On appeal, defendant challenged the imposition of a career-offender designation, arguing that his prior Iowa conviction for possession with ...

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Criminal Law: Possession of Firearm as Felon-Below-Guidelines Sentence-Counting of Prior Conviction

Defendant appealed his below-guidelines sentence, arguing that the district court erroneously counted his prior Missouri conviction of unlawful use of a weapon as a “crime of violence.” Where the court had previously ruled that unlawful use of a weapon constituted ...

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Criminal Law: Distribution of Methamphetamine-Below-Guidelines Sentence-Substantive Reasonableness of Sentence

After being released from prison, defendant launched a significant methamphetamine-trafficking operation. Defendant ultimately pleaded guilty to various drug and firearm offenses. The district court sentenced defendant to a below-guidelines range sentence. On appeal, defendant challenged the substantive reasonableness of his ...

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Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel

Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable. Where clams of ineffective assistance of counsel ...

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Criminal Law: Distribution of Child Pornography-Below-Guidelines Sentence-Voluntariness of Guilty Plea

Defendant pleaded guilty to distribution of child pornography; the district court imposed a below-guidelines sentence. On appeal, defendant argued that his sentence was substantively unreasonable, that his plea was not knowing or voluntary, that the prosecutor engaged in misconduct and ...

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Criminal Law: Child Pornography-Below-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to producing and distributing child pornography and was sentenced to 240 months imprisonment. Defendant appealed her below-guidelines sentence, challenging it as substantively unreasonable. Where the district court addressed all statutory sentencing factors and related concerns and found ...

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