Defendant and his wife established a company to provide grazing services to cattle products on land leased through the Bureau of Indian Affairs. Defendant and his wife were later charged with wire fraud, mail fraud and conspiracy after several ...

Tagged with: Criminal Law Intent to Defraud Sufficiency Of Evidence Wire and Mail Fraud

Defendant met the alleged victim on a social media site; although the victim claimed he was 18 to join the site, he told defendant he was 14. Defendant and the victim then exchanged sexual messages and images until discovered by ...

Tagged with: Criminal Law Evidence of Victim’s Other Conversations Knowledge of Victim’s Age Sexual Exploitation of a Minor

  Defendant was convicted of sexual abuse and attempted witness-tampering, stemming from an assault on his girlfriend. On appeal, defendant challenged the sufficiency of the evidence, argued that the district court erroneously admitted hearsay evidence and alleged there was a ...

Tagged with: Criminal Law sexual abuse Sufficiency Of Evidence Variance from Indictment

Where a defendant waived his right to appeal anything other than an above-guidelines sentence, the waiver was enforceable and applicable to the issue raised on appeal, so the appeal is dismissed. Judgment is affirmed. U.S. v. Agard (MLW No. 72851/Case ...

Tagged with: Criminal Law Sentencing\Waiver

  Where a defendant challenged the application of a four-level sentencing enhancement in a possession-of-firearms case, the judgment is affirmed because the defendant’s counsel agreed to the application of the enhancement, which precludes relief. Judgment is affirmed. U.S. v. Long ...

Tagged with: Counsel’s Agreement Criminal Law Enhancement sentencing

  Where a defendant who pleaded guilty to a firearms offense challenged his sentence, the judgment is affirmed because the district court properly applied a cross-reference for possession of a firearm in connection with another offense in the calculation of ...

Tagged with: Calculation Criminal Law sentencing

  Where a defendant challenged his sentencing as an armed career criminal, the judgment is affirmed because convictions for separate drug transactions on separate days are multiple ACCA predicate offenses even if the sales were to the same person. Judgment ...

Tagged with: Armed Career Criminal Criminal Law sentencing Separate Drug Sales

  Where a defendant who challenged the revocation of his supervised release argued that he was deprived of the right to confrontation by the admission of videos and transcripts of police interrogations in his revocation hearing, the witnesses did not ...

Tagged with: Admission Of Transcripts Criminal Law Police Interrogation Right To Confrontation

  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 ...

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

  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 ...

Tagged with: Criminal Law ineffective assistance of counsel kidnapping §2255 Motion

  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