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Criminal Law: Drug and Firearms Offenses-Appeal Waiver-Reasonableness of Sentence
Defendant appealed from the sentence imposed after he pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Where defendant’s appeal waiver was applicable to his challenge to his sentence, the court dismissed the appeal. Appeal is dismissed. U.S. v. Vandunk (MLW No. 74711/Case No. 19-2413 – 2 pages) […]
Criminal Law: Drug and Firearms Offenses-Sufficiency of Evidence-Eyewitness Identification
Defendant appealed from his conviction for drug and firearms offenses, arguing that the district court erroneously admitted eyewitness identification evidence, failed to instruct the jury on eyewitness identification, and violated his Sixth Amendment right to counsel. Defendant also challenged the sufficiency of evidence supporting his conviction. Where having defendant, who had been arrested, sta[...]
Criminal Law: Drug and Firearms Offenses-Appeal Waiver-Within-Guidelines Range Sentence
Defendant pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Defendant appealed from the district court’s imposition of a guidelines-range sentence, challenging the factual basis for his guilty plea and the validity of the appeal waiver. Where there was no plain error for the district court to accept […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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