Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home (page 4)

Tag Archives: Criminal Law

Criminal Law: Sentencing-Enhancement-Acceptance of Responsibility

Where a defendant in a felon-in-possession case challenged the imposition of an enhancement at sentencing for the possession of a firearm in connection with a drug offense and its refusal to grant a reduction for the acceptance of responsibility, sufficient ...

Read More »

Criminal Law: Sentencing-Armed Career Criminal Act-North Dakota Convictions

Where a defendant challenged his under the Armed Career Criminal Act, based on his two prior North Dakota convictions for willful aggravated assault, the convictions do not qualify as violent felonies for the purposes of Section 924(e), so the denial ...

Read More »

Criminal Law: Sentencing-Armed Career Criminal Act-Minnesota Convictions

Where a defendant challenged his sentencing under the Armed Career Criminal Act, arguing that prior Minnesota convictions for aggravated robbery no longer qualified as predicate violent felonies, the judgment is affirmed because the defendant was properly sentenced. Judgment is affirmed. ...

Read More »

Criminal Law: Effectiveness of Counsel-Mitigating Evidence-Capital Case

Where a defendant in a death-penalty case argued that his counsel was ineffective for failing to adequately investigate and present mitigating evidence, counsel’s investigation satisfied his obligation, and his decision to investigate by himself was reasonable, as was the decision ...

Read More »

Criminal Law: Distribution of CDS-Plea Agreement-Appeal Waiver

Defendant pleaded guilty to distribution of methamphetamine. In his plea agreement, defendant waived his right to appeal unless the district court imposed more than 10 years, the statutory minimum for his offense. Although the district court did not impose a ...

Read More »

Criminal Law: Second-Degree Murder-Substantive Reasonableness of Sentence-Defendant’s ‘Personal History and Characteristics’

Defendant pleaded guilty to second-degree murder in the death of her 2-year-old son following her infliction of a fatal beating on her son. On appeal, defendant argued that her 480-month sentence was substantively unreasonable because the district court failed to ...

Read More »

Criminal Law: Robbery-Jury Instruction-‘Dangerous Instrument’

Where a defendant challenged his conviction for first-degree robbery, the evidence was sufficient to support the conviction, but the trial court erred by omitting the definition of “dangerous instrument” from the instruction, so the judgment is reversed and remanded for ...

Read More »