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Tag Archives: Criminal Law

Criminal Law: Wire and Mail Fraud-Sufficiency of Evidence-Intent to Defraud

  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 ...

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

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 ...

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Criminal Law: Sexual Abuse, Sufficiency of Evidence, Variance from Indictment

  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 ...

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Criminal Law: Sentencing\Waiver

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 ...

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Criminal Law: Sentencing-Enhancement-Counsel’s Agreement

  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 ...

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Criminal Law: Sentencing-Calculation

  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 ...

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Criminal Law: Sentencing-Armed Career Criminal-Separate Drug Sales

  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 ...

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Criminal Law: Right to Confrontation-Police Interrogation-Admission of Transcripts

  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 ...

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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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