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Tag Archives: Criminal Law

Criminal Law: Murder-Sufficiency of Evidence-Jury Instructions

Defendant was convicted for his participation in a fatal group beating of victim Ferris Brings Plenty. On appeal, defendant challenged the sufficiency of the evidence, the jury instructions on second-degree murder, the improper vouching for the credibility of state witnesses, ...

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Criminal Law: Felon in Possession of Firearm-Separate Offenses-Sentence Enhancements

Defendant appealed his conviction and sentence for possession of a firearm as a felon. Defendant argued that police lacked probable cause to arrest him, and that the trial court infringed upon his right of self-representation and erroneously imposed an enhanced ...

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Criminal Law: Felon in Possession of Firearm-Resentencing-Effective Edition of Guidelines

Defendant was sentenced for conspiracy to distribute methamphetamine and being a felon in possession of a firearm. Following sentencing, defendant moved for relief; the district court agreed that defendant no longer had the requisite convictions for an enhanced sentence for ...

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Criminal Law: Drug Offenses-Substantively Unreasonable Sentence-Ineffective Assistance of Counsel

Defendant appealed from his sentence imposed pursuant to written plea agreement. Defendant challenged his sentence as substantively unreasonable, arguing that he did not understand the consequences of his guilty plea, that his plea agreement was breached and that he received ...

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Criminal Law: Conspiracy to Distribute-Base Level of Offense-Upward Sentence Variance

Defendant pleaded guilty to conspiracy to distribute and being a felon in possession of a firearm. At sentencing, the district court found defendant was responsible for distributing 17.5 grams of cocaine base and fell into criminal-history category V. The district ...

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Criminal Law: Burglary-Possession with Intent to Distribute-Consideration of Sentencing Factors

Defendant pleaded guilty to burglarizing a pharmacy and possessing prescription narcotics with intent to distribute. At sentencing, defendant requested a downward revision of his guidelines range based on his drug dependency and spinal injuries, while the government requested a sentence ...

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Criminal Law: Felon in Possession of Firearm-Separate Offenses-Sentence Enhancements

Where defendant left the scene of his robbery with opportunity to escape without committing another crime, the district court did not err by counting his assault, involving shooting at a pursuing witness as a separate offense for sentence enhancement under ...

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Criminal Law: Statutory Rape-Sufficiency Of Evidence-Penetration

Where the evidence in a first-degree statutory-rape case showed that the defendant’s penis touched but not that it penetrated the victim, the evidence was insufficient to support the rape conviction, so the judgment is reversed and remanded for the court ...

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Criminal Law: Post-Conviction Relief-Abandonment Inquiry-Statement In Lieu Of Motion

Where a defendant challenged the denial of an abandonment inquiry after his appointed counsel filed a statement in lieu of an amended motion, the filing of a timely statement in lieu of an amended motion does not necessitate an abandonment ...

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