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Tag Archives: Criminal Law

Criminal Law: Possession of a Stolen Firearm-Guilty Plea-Acceptance-of-Responsibility Reduction

  Defendant was convicted of possession of a stolen firearm and acquitted of underlying burglary and larceny charges, after defendant had pleaded guilty to other burglary and larceny charges. The district court denied defendant’s motion acquittal on new trial on ...

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Criminal Law: Kidnapping-§2255 Motion-Ineffective Assistance of Counsel

  Petitioner was convicted of kidnapping and sentenced to imprisonment for 36 months. Plaintiff filed the present §2255 motion, claiming ineffective assistance of counsel based on trial counsel’s alleged failure to impeach the accuser’s credibility. The district court denied petitioner’s ...

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

  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 ...

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

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 ...

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

  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 ...

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

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 ...

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Criminal Law: Sentencing-Appeal Waiver

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 ...

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