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Tag Archives: Criminal Law

Criminal Law: Bank Robbery-Career Offender-Guidelines Enhancement

Defendant pleaded guilty to bank robbery. The district court concluded defendant was a career offender, based on two prior federal bank robbery convictions, and imposed a two-level guidelines enhancement to sentence defendant to a within-guidelines range sentence of 151 months’ ...

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Criminal Law: Accessory to Murder-Guidelines Range-Upward Departure

Defendant was present during a murder and helped the murderer to clean the victim’s body of evidence and dispose of the body. Defendant pleaded guilty to being an accessory to second-degree murder. The district court found the applicable advisory guidelines ...

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Criminal Law: Felony Nonsupport-Sufficiency of Evidence

Where a defendant challenged his conviction for felony criminal nonsupport, there was sufficient evidence to support the conviction because the state was not required to establish as an essential element that the total arrearage accrued within a three-year period. Judgment ...

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Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

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Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for ...

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Criminal Law: Revocation of Probation-Completion of Institutional Treatment Program

Where an offender completed and was released from a institutional treatment program, the circuit court erred by imposing a new probationary term and was authorized only to continue an existing term of probation, unless the circuit court had affirmatively manifested ...

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Criminal Law: Sentencing-Substantive Reasonableness-Defendant’s Childhood

Where a defendant challenged his sentence in an illegal reentry case, arguing that the district court failed to give sufficient weight to his difficult childhood, the court properly weighed the mitigating factors against the lengthy criminal history, and the court ...

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