Where a defendant challenged convictions that included burglary, the evidence was sufficient to show an intent to steal based on the forced entry and the disturbed belongings of the homeowners, and the judgment is affirmed because the trial court did ...

Tagged with: Burglary Intent To Steal Sufficiency Of Evidence

Defendant appealed from the denial of his motion to set aside his conviction for burglary and felony stealing. Defendant had been caught stealing from a Walmart on three separate occasions. Defendant was charged with burglary and as a prior and ...

Tagged with: Burglary Motion to Set Aside Conviction

Where a defendant challenged his sentence in a felon-in-possession case, his prior convictions in Wisconsin for burglary of a building or dwelling did not qualify as violent felonies under the Armed Career Criminal Act, so the sentence is vacated and ...

Tagged with: Burglary Prior Convictions sentencing

Where a defendant challenged the enhancement of his sentence under the Armed Career Criminal Act, the district court properly found that a prior conviction in Indiana for burglary qualified as a violent felony under the act, so the judgment is ...

Tagged with: ACCA Burglary sentencing

  Defendant was convicted of burglary and felony murder after she convinced three male friends to obtain handguns, break into the victim’s home and shoot him to death. The trial court denied defendant’s challenge to various aspects of her statement ...

Tagged with: Burglary Clerical Error in Judgment Criminal Law Suppression of Police Interview

  Defendant was convicted of first-degree assault and first-degree burglary. On appeal, defendant argued that the burglary statute was facially ambiguous and that, resolving any ambiguity in his favor, the evidence was insufficient to support his conviction. Defendant further argued ...

Tagged with: Burglary Criminal Law prosecutorial misconduct Sufficiency Of Evidence

Defendant appealed his sentence of 21 months’ imprisonment after he pleaded guilty to burglary of a pharmacy. On appeal, defendant argued that the trial court engaged in impermissible double-counting and imposed a substantively unreasonable sentence. Where defendant’s base offense encompassed ...

Tagged with: Burglary Criminal Law Double-Counting for Sentencing Substantive Reasonableness of Sentence

Defendant pleaded guilty to burglarizing a pharmacy and possessing prescription narcotics with intent to distribute. At sentencing, defendant requested a downward revision of his guidelines range based on his drug dependency and spinal injuries, while the government requested a sentence ...

Tagged with: Burglary Consideration of Sentencing Factors Criminal Law Possession with Intent to Distribute

The theft of more than 20 firearms at a Fenton gun store last week was the latest in an increase in such robberies at gun stores in Missouri and Illinois, according to federal officials. Figures from the Bureau of Alcohol, ...

Tagged with: Burglary crime guns

The theft of more than 20 firearms at a Fenton gun store last week was the latest in an increase in such robberies at gun stores in Missouri and Illinois, according to federal officials. Figures from the Bureau of Alcohol, ...

Tagged with: Burglary crime guns

U.S. v. Goldsberry (MLW No. 71617/Case No. 16-4315 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)

Tagged with: Armed Career Criminal Burglary Criminal Law sentencing