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Tag Archives: Criminal

Criminal: Felon in Possession of Firearm-Armed Career Criminal-Successive Motion to Vacate Sentence

Defendant was convicted of being a felon in possession of a firearm and was sentenced as an armed career criminal. Following the denial of defendant’s first motion to vacate sentence, the Supreme Court ruled that the residual clause of the ...

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Criminal: 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 for failing to advise plaintiff of the consequences of testifying at a pretrial-release revocation hearing ...

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Criminal: Habeas Petition-Ineffective Assistance of Counsel-Advising Not to Testify in Defense

Plaintiff filed a habeas petition alleging ineffective assistance of trial counsel, who purportedly dissuaded plaintiff from testifying in his own defense in his rape trial, after trial counsel’s cross-examination revealed inconsistencies in the victim’s testimony. The Arkansas state court rejected ...

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Criminal: Fraud-Substantively Unreasonable Sentence-Victim’s Loss Under Dismissed Count

Defendant appealed her sentence imposed following her guilty plea to fraud offenses. On appeal, defendant challenged her sentence as substantively unreasonable, arguing that the district court erred in considering the loss suffered by the victim of an offense under a ...

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