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Tag Archives: Criminal Law

Criminal Law: Supervised Release-Special Condition-Compliance

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 ...

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Criminal Law: Supervised Release-Special Condition-Admission

Where a defendant argued that the district court erred in accepting his admission to violating a special condition of supervised release, the judgment is affirmed because the admission was knowing and voluntary, and the defendant affirmatively waived his challenge to ...

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Criminal Law: Receiving Child Pornography-Imposition of Same Sentence on Remand-Substantive Reasonableness of Sentence

Defendant was initially sentenced to 240 months’ incarceration for knowingly receiving child pornography, which was well below his advisory guidelines range. Defendant’s sentence was vacated on appeal after he successfully challenged the five-level enhancement to his offense level. On remand, ...

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Criminal Law: Possession with Intent to Distribute-Mistrial-Improper Witness Testimony

Defendant appealed from the denial of his motion for a mistrial after a prosecution witness violated the district court’s order prohibiting mention of any outstanding warrants against defendant. The district court instead struck the testimony and instructed the jury to ...

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Criminal Law: Firearms Offense-Maximum Guidelines Range Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to a firearm offense and was sentenced to a prison term at the top of his calculated guidelines range. Defendant appealed, arguing the district court committed a procedural error at sentencing and imposed a substantively unreasonable sentence. ...

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Criminal Law: Firearms Offenses-Consecutive Statutory-Maximum Sentences-Reasonableness of Sentence

Defendant pleaded guilty to two firearms offenses. The district court sentenced defendant to two consecutive statutory-maximum terms; however, the aggregate sentence still fell within defendant’s guidelines range. Defendant appealed, challenging the reasonableness of his sentence. Where it was not unreasonable ...

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Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Defendant pleaded guilty to domestic assault. At sentencing, the district court found defendant’s guidelines range to be 30 to 37 months. The court upward departed, concluding defendant’s criminal-history category under-represented the seriousness of his criminal history and imposed a one-month ...

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Criminal Law: Discharging a Firearm-Restitution-Waiver of Right to Appeal

Defendant pleaded guilty to discharging a firearm in furtherance of a drug-trafficking crime and received a 15-year prison sentence and order to pay restitution. Defendant’s guilty plea included a term waiving his right to appeal any restitution order. Where terms ...

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Criminal Law: Burglary-Double-Counting for Sentencing Substantive Reasonableness of Sentence

Defendant appealed his sentence of 21 months’ imprisonment after he pleaded guilty to burglary of a pharmacy. On appeal, defendant argued that the trial court engaged in impermissible double-counting and imposed a substantively unreasonable sentence. Where defendant’s base offense encompassed ...

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Criminal Law: Wire Fraud-Bankruptcy Fraud-Sufficiency of Evidence

Defendant obtained bridge loans from investors for his business; however, defendant then used company funds to pay personal expenses. Defendant subsequently filed for bankruptcy when an investor sought judgment on the loans. Where a jury reasonably could find from the ...

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