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Tag Archives: Criminal Law

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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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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