Where a defendant challenged his sentence in a felon-in-possession case, the district court did not abuse its discretion in considering the defendant’s age and history of assaulting police officers as aggravating factors and the court was under no obligation to ...

Tagged with: criminal history Criminal Law sentencing Substance Abuse

Where a defendant filed a pro se brief, arguing that his guilty plea was involuntary due to cognitive impairments from medication, the record showed that he assured the district court that he was not impaired, and he acknowledged that he ...

Tagged with: appeal waiver Criminal Law Guilty Plea

Where a defendant who was convicted of robbery under the Hobbs Act and unlawful possession of a weapon challenged the admission of evidence of him wearing clothes similar to those worn by the perpetrator, the evidence was properly admitted as ...

Tagged with: Crime Of Violence Criminal Law Hobbs Act robbery

Where a defendant in a drug-and-firearm case argued that he received ineffective assistance of counsel, the court declines to address the argument on direct appeal, and the judgment is affirmed due to the defendant’s claim that there was an inadequate ...

Tagged with: Criminal Law effectiveness of counsel Factual Basis Firearm Offense

  Where a defendant in a child-pornography case argued that the district court failed to explain the basis for his life term of supervised release and that the court erred by imposing special conditions on the supervised release, the defendant ...

Tagged with: Child Pornography Criminal Law Special Conditions Supervised Release

Where a defendant challenged her convictions for wire fraud, money laundering and tax evasion, the judgment is affirmed because the evidence was sufficient to support the convictions, and the defendant did not show that the district court erred in refusing ...

Tagged with: Criminal Law Sufficiency Of Evidence wire fraud

  Where a defendant challenged the order revoking his supervised release, arguing that the sentence imposed was greater than necessary to comply with the relevant statutory purposes, the judgment is affirmed because the district court did not abuse its discretion ...

Tagged with: Criminal Law Revocation Sentence Supervised Release

Where a defendant appealed his sentence in a drug case, the defendant entered into a plea agreement and appeal waiver knowingly and voluntarily, and his challenge fell within the scope of the waiver, so his appeal is dismissed. Appeal is ...

Tagged with: appeal waiver Criminal Law plea agreement sentencing

Where the state challenged the exclusion of a drunk driver’s breath test, which the trial court based on the officer’s failure to sign the certification on the blood-alcohol test report, the court erred because the director had provided a sufficient ...

Tagged with: Breath Test Exclusion Criminal Law Driver's License DWI

Where a defendant, who had mental health issues, challenged his conviction for sexual misconduct with a child, the trial court did not err in finding that a deferred-prosecution agreement was valid because the defendant’s waiver was knowing and voluntary, and ...

Tagged with: Criminal Law Deferred-Prosecution Agreement Mental Disease Sexual Misconduct

Where a defendant challenged his conviction for first-degree property damage, the trial court did not err in failing to instruct the jury that it had to find that the defendant did not act under a claim of right because the ...

Tagged with: Claim-Of-Right Defense Criminal Law property damage