Where a defendant challenged the determination that he was an armed career criminal for sentencing purposes, the district court did not err in finding that his prior convictions under Missouri law qualified as serious drug offenses, so the judgment is ...

Tagged with: Criminal Law Prior Convictions sentencing

Where a defendant challenged the determination that he was an armed career criminal for sentencing purposes, the district court did not err in finding that his prior convictions under Missouri law qualified as serious drug offenses, so the judgment is ...

Tagged with: Criminal Law Prior Convictions sentencing

Defendant was convicted for failing to register as a sex offender and sentenced to imprisonment followed by supervised release. Defendant later had his supervised release revoked for failure to report, participate in substance-abuse treatment and register his new addresses. Although ...

Tagged with: Consideration of Statutory Sentencing Factors Criminal Law Failure to Register as Sex Offender Revocation of Supervision

Defendant pleaded guilty to conspiracy to distribute methamphetamine and possession of firearms by an illegal alien. The district court imposed a sentence reflecting a 66-month downward variance from the recommend guidelines range. On appeal, defendant argued her sentence was unreasonable ...

Tagged with: Conspiracy to Distribute Controlled Substances Criminal Law Downward Variance Possession of Firearms as Illegal Alien

Where a man committed to the custody of the state for hospitalization challenged the commitment order, the judgment is affirmed because the district court properly found that the man was suffering from a mental disease or defect such that his ...

Tagged with: Commitment Order Criminal Law Sufficiency Of Evidence

Defendant pleaded guilty to distributing cocaine base and possessing a firearm as an armed career criminal. Defendant conceded his prior convictions made him an armed career criminal. After the Court’s decision in Descamps v. U.S., 570 U.S. 254, defendant unsuccessfully ...

Tagged with: Armed Career Criminal Concurrent Sentence Doctrine Criminal Law Prior Violent Felony

Where a defendant in a second–degree drug-trafficking case challenged the dismissal of his petition for declaratory judgment, arguing that repeal of a drug-offender statute should apply retroactively making him eligible for parole, the judgment is affirmed because the repeal of ...

Tagged with: Criminal Law Repealed Statute Retroactive Application sentencing

Where the state challenged a judgment granting a defendant’s motion for parole eligibility in a second-degree drug-trafficking case, arguing that the repeal of Section 195.295 applied retroactively, the appellate court would reverse the judgment , finding that the repeal falls ...

Tagged with: Criminal Law Repealed Statute Retroactive Application sentencing

Where a defendant in a third-degree domestic-assault case challenged the admission of a 911 recording and of police body-camera footage, the trial court did not err in admitting the 911 tape because sufficient circumstantial evidence identified the caller, but the ...

Tagged with: 911 Recording Body-Cam Footage Criminal Law domestic assault

Defendant was convicted of various offenses related to her theft of funds from a medical practice for which defendant served as bookkeeper. On appeal, defendant argued that the district court erred by excluding exculpatory evidence in the form of the ...

Tagged with: Criminal Law exculpatory evidence Theft of Entrusted Funds Victim’s Destruction of Records

Where a defendant challenged his sentence after he violated the conditions of his supervised release, the judgment is affirmed because the district court accurately calculated the sentencing range, considered the applicable factors including medical needs and did not abuse its ...

Tagged with: Compliance Criminal Law Special Condition Supervised Release