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Tag Archives: Criminal Law

Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Advise of Immigration Consequences of Plea

Defendant, a citizen of Guatemala, pleaded guilty to unlawful use of identification documents after he used false Social Security and permanent-resident cards to complete an I-9 form. On appeal, defendant argued that his counsel was ineffective for failing to advise ...

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Criminal Law: Motion to Reduce Sentence-Sentencing Guidelines-Imposition of Statutory Minimum Sentence

Defendant received the applicable statutory minimum sentence for his conviction. Defendant moved to reduce his sentence based on an amendment to the sentencing guidelines. The district court denied defendant’s motion. Where defendant already received the applicable statutory minimum sentence, he ...

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Criminal Law: Felon in Possession of Firearm-Prior Crimes of Violence-Force Requirement

Defendant pled guilty to being a felon in possession of a firearm. At sentencing, the district court ruled that defendant’s prior second-degree domestic-assault conviction from Missouri state court was a crime of violence and accordingly increased defendant’s recommended guidelines range. ...

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Criminal Law: Motion to Vacate Sentence- Ineffective Assistance of Counsel- Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness. Where the oath he swore before he testified at pre-trial release hearing already made clear ...

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Criminal Law: Theft of Federal Funds- Subscribing to False Income Tax Return- Consideration of Crime Victim Statement

Defendant managed the Benton County travel fund. From 2007 to 2016, defendant submitted false claims and deposited excess funds into her personal account. At sentencing, the district court considered, despite defendant’s objection, the written statement of Benton County’s human resources ...

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