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Tag Archives: Criminal Law

Criminal Law: Search Warrant Speedy Trial

Where a defendant in a drug-conspiracy case challenged the validity of the search-warrant application, the challenge failed because the facts set forth supported probable cause, and the judgment is affirmed because the defendant’s motion to dismiss for speedy-trial violations failed ...

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Criminal Law: Revocation Sentence- Consideration Of Range

Where a defendant, who challenged a 60-month revocation sentence, argued that the district court failed to consider the policy-statement range of imprisonment, the facts showed that the court properly considered the range, and the judgment is affirmed because the defendant ...

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Criminal Law: Supervised Release- Violation of Conditions- Unreasonable Length of Sentence

Defendant violated the terms of his supervised release by violating the rules of his halfway house, failing to provide urine samples, and removing his drug-detecting sweat patches. On appeal, defendant argued that the district court’s 12-month prison sentence was unreasonably ...

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Criminal Law: Sentencing- Above-Guidelines-Range Term- Substantive Unreasonableness

Defendant was resentenced, with the district court imposing an above-guidelines-range term of incarceration. Defendant appealed, arguing that his sentence was procedurally and substantively unreasonable. Where district court did not abuse its discretion in deciding to vary a sentence upward based ...

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Criminal Law:Possession with Intent to Distribute-Suppression of Evidence-Calculation of Criminal History

Defendant was convicted of possession with intent to distribute and possession of a firearm by felon, after the district court denied his suppression motion upon finding the search of his vehicle to be a valid inventory search. On appeal, defendant ...

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Criminal Law:Inmate Placement-Court’s Jurisdiction-Individualized Review

Plaintiff, a federal inmate, appealed the dismissal of his §2241 petition challenging the BOP’s decision to postpone his placement in a residential reentry center. The district court dismissed plaintiff’s petition for lack of jurisdiction; alternatively, it concluded that the petition ...

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Criminal Law:Identity-Theft-Use of Access Device-Ineffective Assistance of Counsel

Defendant pleaded guilty to various identity-theft offenses. At sentencing, the district court concluded defendant’s advisory guidelines range on three grouped offenses was 27 to 33 months. Defendant appealed, challenging the 27-month component of her sentence and arguing that counsel was ...

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Criminal Law:Felon in Possession of a Firearm-Upward Variation of Sentence-Substantive Unreasonableness

Defendant pleaded guilty to being a felon in possession of a firearm. The district court determined defendant’s advisory guidelines sentencing range at 70 to 87 months’ imprisonment but instead imposed a 99-month sentence. Defendant appealed, challenging his sentence as substantively ...

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Criminal Law: Child Pornography-Sentencing-Substantive Unreasonableness

Defendant pleaded guilty to various child-pornography offenses. Defendant appealed his sentence, arguing that it was substantively unreasonable. Where sentence was below advisory guideline range and district court reasonably considered all statutory sentencing factors, defendant had not received substantively unreasonable sentence. ...

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Criminal Law: Post-Conviction Relief- Double Jeopardy- Statutory Rape

Where a defendant, who pleaded guilty to counts of statutory rape and forcible rape for two single acts, brought a double-jeopardy challenge, the judgment is affirmed because the legislature intended that forcible rape and statutory rape be separate and distinct ...

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