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Criminal Law: Sentencing-Crime of Violence-Iowa Conviction
Where a defendant challenged the finding that his Iowa conviction for assault with intent to inflict serious injury qualified as a crime of violence under the career-offender enhancement, the conviction qualified as a crime of violence under the force clause, so the judgment is affirmed. Judgment is affirmed. U.S. v. Quigley (MLW No. 74149/Case No. […]
Immigration: Removal-Crime of Violence
Where a petitioner from South Sudan sought review of a final order of removal, the petition is denied because the petitioner’s conviction constituted a crime of violence and was a valid basis for removal, and the Board of Immigration conducted a logical and clear error analysis. Petition is denied. Jima v. Barr (MLW No. 74121/Case […]
Criminal Law: Sentencing-Crime of Violence
Where a defendant challenged his sentence in an unlawful-possession case, Missouri second-degree robbery has been held to be a crime of violence, so the district court did not err in calculating the advisory guideline range. Judgment is affirmed. U.S. v. Berryhill (MLW No. 73766/Case No. 18-3055 – 2 pages) (U.S. Court of Appeals, 8th Circuit, […]
Criminal Law: Hobbs Act Robbery-Motion to Vacate Sentence-“Crime of Violence”
Defendant pleaded guilty to conspiracy to commit Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence. Defendant later moved to vacate his sentence, arguing that his conviction was invalid because the definition of “crime of violence” was unconstitutionally vague. Where the Supreme Court concluded that the definition of “crime […]
Criminal Law: Felon in Possession of Firearm-Increased Base-Offense Level-“Crime of Violence”
Defendant appealed from his sentence imposed following his conviction for being a felon in possession of a firearm, arguing that the district court improperly increased his base-offense level because his prior Missouri conviction for second-degree robbery was not a “crime of violence”. Where the court had previously rejected the argument that second-degree robbery under Missouri […]
Criminal Law: Distribution of Cocaine Base Mixtures-Career Offender Enhancement-Crime of Violence
Defendant pleaded guilty to three controlled-substance offenses. The district court found that defendant’s two prior felony convictions in Minnesota for simple robbery qualified as crimes of violence and accordingly applied the career-offender enhancement. Where the court previously rejected the argument that the Minnesota simple robbery statute did not require force to be used in “taking” [[...]
Criminal Law: Felon in Possession of Firearm-Crime of Violence-Resisting Arrest
Defendant pleaded guilty to being a felon in possession of a firearm. The district court ruled that defendant’s prior Missouri conviction for resisting arrest qualified as a “crime of violence” and calculated defendant’s base offense level and guidelines range accordingly. Where Missouri law defined resisting arrest as the use or threat of use of force […]
Criminal Law: Use of Firearm in Furtherance of Crime-Crime of Violence-Constitutionality
CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally vague. Where courts had defined “intimidation” as the “threat of force,” aiding and abetting armed [&h[...]
Criminal Law: Felon in Possession of Firearm-Calculation of Guidelines Range-Crime of Violence
Defendant pleaded guilty to being a felon in possession of a firearm. The district court concluded that defendant had at least two felony convictions for a crime of violence or a controlled substances offense. On appeal, defendant argued that his conviction in Arkansas for aggravated robbery did not qualify as a crime of violence. Where […]
Criminal Law: Robbery-Hobbs Act-Crime of Violence
Where a defendant who was convicted of robbery under the Hobbs Act and unlawful possession of a weapon challenged the admission of evidence of him wearing clothes similar to those worn by the perpetrator, the evidence was properly admitted as relevant, non-character evidence under Rules 401 and 402 and it was relevant on the issue […]
Criminal Law: Hobbs Act Robbery-Mistrial-Crime of Violence
Defendant was convicted of Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence. On appeal, defendant challenged the district court’s denial of his motion for mistrial following a government witness’s response to defense counsel’s questioning and the denial of his motion for judgment of acquittal because his Hobbs […]
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[...]
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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