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Tag Archives: Crime Of Violence

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 ...

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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. ...

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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 ...

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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 ...

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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 ...

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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. ...

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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 ...

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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 ...

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