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Criminal Law: Conspiracy to Distribute Methamphetamine-Challenge to Sentence-Assignment of Criminal History Points
Defendant pleaded guilty to conspiracy to distribute methamphetamine and substances containing methamphetamine. On appeal, defendant challenged her sentence, arguing that the district court erroneously assigned criminal history points to her prior Iowa conviction for violation of probation. Where criminal history points were assigned based on the sentence imposed and not on time actually se[...]
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. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court adequately […]
Criminal Law: Conspiracy to Distribute Methamphetamine- Drug User in Possession of Firearm-Sentencing Enhancing
Defendant pleaded guilty to conspiracy to distribute methamphetamine and being a drug user in possession of a firearm. The district court imposed a two-level enhancement for possessing a firearm in connection with a drug-trafficking conspiracy. On appeal, defendant challenged application of the enhancement and argued that his aggregate sentence was substantively unreasonable. Where defendant’s s[...]
Criminal Law: Conspiracy to Distribute Methamphetamine-Life Sentence-Substantive Reasonableness of Sentence
Defendant pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to life in prison. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court sufficiently considered the statutory sentencing factors and did not rely on an improper factor or make a clear error of judgment, its sentence was substantively reasonable. […]
Criminal Law: Conspiracy to Distribute Methamphetamine-Description of Offense Conduct-Sentencing Guidelines Calculation
Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine. Defendant unsuccessfully objected to the presentence investigation report’s description of the offense conduct and the proposed Sentencing Guideline calculation. The district court ultimately imposed a low-end sentence of 360 months’ imprisonment. Where the district court was entitled[...]
Criminal Law: Conspiracy to Distribute Methamphetamine -Career Offender -Crime of Violence
Defendant pleaded guilty to conspiracy to distribute methamphetamine. He opposed his career-offender classification, arguing that a prior Illinois conviction for aggravated battery was not a crime of violence. The district court disagreed and sentenced defendant as a career offender. Where defendant’s underlying aggravated-battery conviction alleged that he “knowingly caused bodily harm,” su[...]
Criminal Law: Conspiracy to Distribute Methamphetamine-Supervisor of Criminal Activity-Sentencing Enhancement
Defendant pleaded guilty to conspiring to distribute methamphetamine. His presentence investigation report recommended finding defendant to be the organizer or leader of an extensive conspiracy to distribute methamphetamine from California to Minnesota. At sentencing, the trial court sustained defendant’s objections to the PSR in part but imposed a three-level sentencing enhancement and v[...]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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