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Tag Archives: Crime Of Violence

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: 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: 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 ...

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