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 intent to deliver was not a controlled-substance offense because the Iowa statute was divisible and [&helli[...]
Criminal Law: Conspiracy to Distribute Heroin-Plea Agreement-Due Process
Defendant appealed the sentence imposed after he pleaded guilty, pursuant to a written plea agreement, to conspiring to distribute heroin. On appeal, defendant argued that his due process rights were violated at sentencing. Where the district court relied upon the evidence and testimony presented at the sentencing hearing to resolve disputed portions of the presentencing […]
Criminal Law: Conspiracy to Distribute Heroin-Motion to Suppress-Probable Cause
Defendant appealed the denial of his motion to suppress evidence seized pursuant to a search warrant. The warrant was issued after investigators witnessed defendant engaged in what they believed were heroin transactions. Defendant argued that the warrant was unsupported by probable cause. Where affidavit in support of warrant stated that defendant had met with […]
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