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Nov 20, 2018

Criminal: Conspiracy to Commit Murder for Hire-Entrapment Instruction

Defendant was convicted of conspiracy and use of interstate facility to commit murder for hire after he allegedly asked a fellow county jail inmate to find someone to murder a witness in a separate murder case in which defendant was the suspect. The district court rejected defendant’s request for an entrapment instruction. Where defendant’s fellow […]

Nov 20, 2018

Criminal: Carjacking-Waiver of Challenge to Conviction and Sentence-Assessment of Criminal History Points

Defendant pleaded guilty to carjacking and related offenses after admitting he stole a car at gunpoint with the owner’s dog in the backseat; defendant later crashed the vehicle, killing the dog. Defendant’s plea agreement included a waiver of challenge to his conviction and sentence. The district court imposed incarceration and restitution for the value of […]

Nov 20, 2018

Criminal: Armed Robbery-Forfeiture of Right to Testify-Defendant’s In-court Outbursts

Defendant was convicted of robbing a bank with a sawed-off shotgun and shortly thereafter carjacking an individual. On appeal, defendant raised various challenges, including arguments that the district court failed to construe his letters raising various complaints as a motion for new counsel and erred in ruling defendant had forfeited his right to testify. Where […]

Oct 5, 2018

Criminal Law: Conspiracy to Distribute- Plea Agreement- Unreasonable Sentence

Defendant appealed from his judgment of sentence of 300 months for conspiracy to distribute narcotics. Defendant entered a plea agreement in which the parties stipulated to guideline calculations resulting in a range of 360 months to life imprisonment. On appeal, defendant argued the district court failed to adequately consider mitigating factors and imposed a substantively […]

Sep 21, 2018

Criminal Law Enticing a Minor Appeal Waiver

Defendant appealed the sentence imposed following his guilty plea to enticement of a minor using the internet, pursuant to a plea agreement containing an appeal waiver. On appeal, defendant argued that the district court imposed a substantive unreasonable sentence. Where defendant knowingly and voluntarily entered the plea agreement containing an appeal waiver, the court enforced […]

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