Where a defendant challenged his sentence in a distribution case arguing that the district court erred when it departed and varied upward from the advisory guidelines, the judgment is affirmed because the court analyzed the seriousness of the crime ...

Tagged with: Criminal Law sentencing Upward Departure

  Where a defendant, who was convicted of receiving stolen property, argued that there was insufficient evidence to show that he knowingly received the stolen property, which was an air-conditioning unit, the judgment is affirmed because the state adduced evidence ...

Tagged with: Criminal Law Receiving Stolen Property Sufficiency Of Evidence ‘Knowingly’

  Where a defendant argued that his revocation sentence was substantively unreasonable, the judgment is affirmed because the district court adequately considered the mitigating factors and the aggravating factors. Judgment is affirmed. U.S. v. Fank (MLW No. 73077/Case No. 18-1583 ...

Tagged with: Criminal Law Revocation sentencing

  Where a defendant challenged the denial of a sentence reduction, the district court concluded that it would have imposed the same prison term even without the relevant plea agreement, and the court’s explanation was adequate. Judgment is affirmed. U.S. ...

Tagged with: Criminal Law plea agreement reduction sentencing

  Where a defendant challenged the denial of post-conviction relief, arguing that his counsel was ineffective for failing to raise mitigating evidence at his sentencing, the judgment is affirmed because the trial court was fully informed about the defendant’s mental ...

Tagged with: Criminal Law effectiveness of counsel Mitigating Evidence Post-Conviction Relief

  Where a defendant  challenged his sentence in a felon-in-possession case, the district court did not clearly err in imposing a two-level increase for possession of a firearm because he was a convicted felon when he handled a gun for ...

Tagged with: Criminal Law Felon In Possession Increase sentencing

  Where a defendant who was convicted of unlawfully acquiring and selling identity documents argued that the possession of a passport card did not justify the enhancement of her sentence for fraudulently obtaining or using a passport, which she claimed ...

Tagged with: Criminal Law Enhancement Passport Fraud sentencing

  Petitioner appealed from the denial of his pro se post-conviction motion, arguing that the trial court violated his due process rights by accepting a statement in lieu of an amended motion filed by appointed post-conviction counsel because no attorney ...

Tagged with: Criminal Law Denial of Due Process Post-Conviction Relief Pro Se Statement

  Defendant was convicted of burglary and felony murder after she convinced three male friends to obtain handguns, break into the victim’s home and shoot him to death. The trial court denied defendant’s challenge to various aspects of her statement ...

Tagged with: Burglary Clerical Error in Judgment Criminal Law Suppression of Police Interview

  Defendant was convicted of first-degree assault and first-degree burglary. On appeal, defendant argued that the burglary statute was facially ambiguous and that, resolving any ambiguity in his favor, the evidence was insufficient to support his conviction. Defendant further argued ...

Tagged with: Burglary Criminal Law prosecutorial misconduct Sufficiency Of Evidence

  Defendant committed a robbery while on supervised release from a prior bank robbery conviction. The district court sentenced defendant to an upward variance from the guidelines range. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district ...

Tagged with: Criminal Law robbery Substantive Reasonableness of Sentence Violation of Supervised Release