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Tag Archives: Denial of Downward Variance

Criminal Law: Distribution of Heroin-Sufficiency of Evidence-Denial of Downward Variance

Defendant appealed from his sentence following his conviction for distribution of heroin, conspiracy, and aiding and abetting. Defendant challenged the sufficiency of the evidence supporting the jury verdict and argued that the district court erred in not granting him a ...

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Criminal Law: Drug Offenses-Within-Guidelines Sentence-Denial of Downward Variance

Defendant appealed from his within-guidelines sentence, imposed after defendant pleaded guilty to a drug offense. On appeal, defendant argued that the district court abused its discretion in denying defendant’s request from a downward variance. Where the district court considered defendant’s ...

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Criminal Law: Felon in Possession of a Firearm-Sentencing Enhancement-Denial of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court’s application of a two-level enhancement for possession of at least three firearms. Defendant also challenged the denial of a ...

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