The district court ordered defendant committed to hospitalization after finding he suffered from a mental disease or defect that would mean his release would create a substantial risk of property damage or bodily injury to himself or others. Where ...

Tagged with: Criminal Law Involuntary Commitment Mental Disease or Defect Substantial Risk to Self or Others

Defendant was serving a term of supervised release when he was accused of indecent contact with a minor in violation of his release conditions. On appeal, defendant argued that the district court erred by crediting the victim’s testimony when she ...

Tagged with: Criminal Law Indecent Contact with a Minor Sufficiency Of Evidence Violation of Conditions of Supervised Release

  Where a defendant sought to withdraw his guilty plea after pleading guilty to conspiracy to commit bank larceny, the judgment is affirmed because the terms of the defendant’s plea agreement unambiguously waived his right to appeal the denial of ...

Tagged with: Criminal Law Guilty Plea Motion To Withdraw

  Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the sentence imposed by the district court, arguing he should receive credit for time spent in custody on ...

Tagged with: appeal waiver Criminal Law Drug Offenses Jail Credits

  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 ...

Tagged with: Conspiracy to Distribute Methamphetamine Criminal Law Sentencing Enhancement Supervisor of Criminal Activity

  Where a defendant challenged his commitment for hospitalization, the commitment order was supported by medical opinions and by an independent psychological examiner, so the judgment is affirmed. Judgment is affirmed. U.S. v. Suleiman (MLW No. 72848/Case No. 18-2462 – ...

Tagged with: Commitment Order Criminal Law Mental Disease

Defendant pleaded guilty to producing and distributing child pornography and was sentenced to 240 months imprisonment. Defendant appealed her below-guidelines sentence, challenging it as substantively unreasonable. Where the district court addressed all statutory sentencing factors and related concerns and found ...

Tagged with: Below-Guidelines Sentence Child Pornography Criminal Law Substantive Reasonableness of Sentence

Where a defendant in a methamphetamine-conspiracy case challenged the sentencing guidelines calculation, the judgment is affirmed because the district court did not err in its findings on the type and quantity of drugs, nor did the court err in denying ...

Tagged with: Criminal Law Guidelines Calculation sentencing

Where a defendant in a drug and firearm case challenged the imposition of his below-guidelines sentence, the appeal is dismissed because the appeal waiver was enforceable because the defendant entered the agreement knowingly and voluntarily. Appeal dismissed. U.S. v. Dothage ...

Tagged with: appeal waiver Criminal Law sentencing

Where a defendant challenged the denial of his second motion to vacate his mandatory minimum sentence under the Armed Career Criminal Act, the defendant’s application properly relied on Johnson v. United States, but the district court properly denied the successive ...

Tagged with: ACCA Criminal Law sentencing Successive Motion

  Where a driver challenged his conviction for DWI, arguing that the state’s evidence was insufficient to established that he was intoxicated while driving even though he conceded to officers that he was drunk at the time he was arrested, ...

Tagged with: Criminal Law DWI Operation of Vehicle Sufficiency Of Evidence