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Tag Archives: Criminal Law

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

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 ...

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

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 ...

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Criminal Law: Armed Career Criminal-Prior Violent Felony-Concurrent Sentence Doctrine

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 ...

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Criminal Law: Sentencing-Repealed Statute-Retroactive Application

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 ...

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Criminal Law: Sentencing-Repealed Statute-Retroactive Application

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 ...

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Criminal Law: Domestic Assault-911 Recording-Body-Cam Footage

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 ...

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Criminal Law: Theft of Entrusted Funds-Exculpatory Evidence-Victim’s Destruction of Records

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 ...

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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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