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Tag Archives: Criminal

Criminal Law: Bank Robbery-Career Offender-Crime of Violence

  Defendant pleaded guilty to one count of bank robbery. At sentencing, the district court classified defendant as a career offender due to his current offense, a 1979 bank-robbery conviction, and a 2001 Missouri second-degree robbery conviction, finding that the ...

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Criminal: Sexual Exploitation-Sufficiency of Evidence-Sentencing Enhancements

Where a defendant challenged his convictions for sexual exploitation of a child and production of child pornography, the defendant did not show that the government failed to identify the victim and ample evidence connected him to a camera that held ...

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Criminal: Sentencing-Upward Variance

Where a defendant challenged his sentence in a firearm case, the district court did not abuse its discretion in varying upward based in part on the defendant’s criminal history and the dangerous and aggravated nature of his offense conduct, which ...

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Criminal: Sentencing-Reasonableness

Where a defendant challenged his sentence in a child-pornography case, citing his significant mental health problems, the judgment is affirmed because the district court considered the appropriate factors and did not commit a clear error in judgment. Judgment is affirmed. ...

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Criminal: Sentencing-Reasonableness

Where a defendant challenged her sentence in an identity-theft case, the sentence was not substantively unreasonable, and the judgment is affirmed because there were no non-frivolous issues for appeal. Judgment is affirmed. U.S. v. Marroquin (MLW No. 72463/Case No. 17-3541 ...

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Criminal: Sentencing-Reasonableness

Where a defendant challenged his sentence in a methamphetamine case, the district court fully explained its reasoning, and the judgment is affirmed because the sentence was within the guidelines and was substantively reasonable. Judgment is affirmed. U.S. v. Xiong (MLW ...

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Criminal: Sentencing-Criminal History

Where a defendant challenged his sentence after he pleaded guilty to being a felon in possession of a firearm, the district court procedurally erred by relying on an inflated assessment of the defendant’s criminal history, so the sentence is vacated ...

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Criminal: Sentencing-Appeal Waiver

Where a defendant challenged his sentence in a firearm case, the appeal waiver was enforceable because the record showed that the defendant entered into the plea agreement and waiver knowingly and voluntarily, his challenge to the sentence fell within the ...

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Criminal: Robbery-Sufficiency of Evidence

Where a defendant challenged his sentence and convictions for offenses including marijuana distribution, Hobbs Act robbery and using and carrying a firearm, the evidence was sufficient to establish a drug conspiracy, and the judgment is affirmed because the government introduced ...

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