Defendant pleaded guilty to distributing child pornography. The district court imposed a sentence at the bottom of the guidelines range but ordered it to run consecutive to an earlier-imposed sentence following the revocation of defendant’s supervised release. On appeal, defendant ...

Tagged with: Consecutive Sentence Distribution of Child Pornography Double Jeopardy

Defendant was convicted of sexual exploitation of a minor and possession of child pornography arising from a recorded video on his cell phone. On appeal, defendant argued that his conviction violated double jeopardy because possession of child pornography was a ...

Tagged with: Child Pornography Double Jeopardy

Where a defendant challenged the enhancement of his sentence in a child-pornography case, even if the district court erred in concluding that a Nebraska conviction was a predicate offense, the error was harmless because there was no substantial impact on ...

Tagged with: Child Pornography Double Jeopardy sentencing

Where a defendant, who pleaded guilty in a drug-conspiracy case, argued that the application at sentencing of the career-offender provision violated double jeopardy, the argument has been rejected by prior U.S. Supreme Court decisions, and the judgment is affirmed because ...

Tagged with: Career Offender Double Jeopardy sentencing

Defendant’s supervised release was revoked for possession of a firearm. Defendant was also subjected to federal charges for the same conduct that led to revocation of his supervised release. On appeal, defendant argued that the district court erred in failing ...

Tagged with: Dismissal of Indictment Double Jeopardy Revocation of Supervised Release

  Petitioner was convicted in Minnesota state court, after the trial court had declared a mistrial after empaneling a jury because an unforeseen injury to the prosecutor could have delayed the trial beyond the jury’s term of service. Following conviction, ...

Tagged with: Criminal Law Double Jeopardy habeas corpus mistrial

Where a defendant challenged a district court’s authority to resentence him, the principles of coordinate jurisdiction did not bar the resentencing, and the judgment is affirmed because the court did not exceed the scope of the order, and the court ...

Tagged with: Double Jeopardy Resentencing Order sentencing

Where a defendant challenged his conviction for child-pornography offenses, evidence that the defendant made admissions to an agent, used passwords to protect his computer and that he was a sophisticated computer user was sufficient to find that he knowingly attempted ...

Tagged with: Child Pornography Criminal Law Double Jeopardy Unanimous Verdict

Where a defendant, who pleaded guilty to counts of statutory rape and forcible rape for two single acts, brought a double-jeopardy challenge, the judgment is affirmed because the legislature intended that forcible rape and statutory rape be separate and distinct ...

Tagged with: Criminal Law Double Jeopardy Post-Conviction Relief

Defendant pleaded guilty to resisting a lawful stop and various drug offenses. At the plea hearing, the trial court sentenced defendant to incarceration but sent him to the Long Term Drug Program, but because defendant was already serving a sentence ...

Tagged with: Criminal Law Double Jeopardy Post-Conviction Relief Sentencing Without Determination of Eligibility

U.S. v. Fool Bear (MLW No. 72091/Case No. 17-3202 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Tagged with: Attempt Criminal Law Double Jeopardy sexual abuse