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Criminal Law: Sentencing-Enhancement
Where a defendant in a methamphetamine case challenged the enhancement of his sentence, the district court did not err in applying the career-offender enhancement, and the drug-premises enhancement was also proper, so the judgment is affirmed. Judgment is affirmed. U.S. v. Newman (MLW No. 74731/Case No. 19-1006 – 5 pages) (U.S. Court of Appeals, 8th […]
Criminal Law: Sentencing-Enhancement-Intent
Where a defendant who pleaded guilty to being a felon in possession of a firearm challenged a four-level enhancement, the record supported the finding that the defendant had the requisite intent to distribute, so the judgment is affirmed. Judgment is affirmed. U.S. v. Wright (MLW No.74717/Case No. 18-3742 – 3 pages) (U.S. Court of Appeals, […]
Criminal Law: Sentencing-Enhancement-Obstruction of Justice
Where a defendant challenged his sentence in a drug case, the district court properly found that an obstruction-of-justice enhancement was applicable, so the judgment is affirmed. Judgment is affirmed. U.S. v. Sanchez (MLW No. 74760/Case No. 19-2525 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of […]
Criminal Law: Sentencing-Enhancement
Where a defendant argued that the district court erred in applying a sentencing enhancement for using or possessing a firearm in connection with another felony offense, the defendant’s reasoning was rejected in prior caselaw, and the judgment is affirmed because the sentence was substantively reasonable. Judgment is affirmed. U.S. v. Miller (MLW No. 74622/Case No. […]
Criminal Law: Sentencing-Enhancement
Where a defendant who pleaded guilty to a drug-conspiracy offense challenged his sentence, the district court did not err in applying an enhancement for the defendant’s role in the offense because undisputed facts in the presentence report established that he was a manager or supervisor in the offense. Judgment is affirmed. U.S. v. Farias (MLW […]
Criminal Law: Sentencing-Enhancement-Double Counting
Where a defendant objected to a four-level increase at sentencing, the defendant did not show that the enhancement constituted impermissible double counting, so the judgment is affirmed. Judgment is affirmed. U.S. v. Kunze (MLW No. 74311/Case No. 18-2923 – 3 page) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern […]
Criminal Law: Sentencing-Enhancement-Waiver
Where a defendant challenged the enhancement of his sentence in a bank robbery case for reckless endangerment during flight, the defendant waived the argument in his plea agreement, so the judgment is affirmed. Judgment is affirmed. U.S. v. Molden (MLW No. 74067/Case No. 18-2738 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) […]
Criminal Law: Sentencing-Enhancement
Where a defendant challenged his sentence in a felon-in-possession case, the district court properly applied an enhancement, so the judgment is affirmed. Judgment is affirmed. U.S. v. Brown (MLW No. 73915/Case No. 18-3105 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.
Criminal Law: Sentencing-Enhancement-Acceptance of Responsibility
Where a defendant who pleaded guilty to robbery and firearm offenses challenged his 150-month sentence, the district court did not err in applying a guidelines enhancement and in denying a reduction for the acceptance of responsibility, so the judgment is affirmed. Judgment is affirmed. U.S. v. Lewis (MLW No. 73823/Case No. 18-3438 – 2 pages) […]
Criminal Law: Sentencing-Enhancement-Supervised Release
Where a defendant challenged the application of a three-level enhancement in a tax-fraud case, the district court did not err in finding that the defendant was a manager or supervisor of the criminal activity, so the enhancement was proper, and although the court plainly erred by failing to make particularized findings to support a condition […]
Criminal Law: Sentencing-Enhancement
Where a defendant challenged his sentence in a drug-trafficking case, the district court did not clearly err in concluding that he maintained a premises for the purpose of manufacturing or distributing a controlled substance, so a two-level enhancement was proper, especially because the court stated that it would have imposed the same sentence without the […]
Criminal Law: Sentencing-Enhancement-Acceptance of Responsibility
Where a defendant in a felon-in-possession case challenged the imposition of an enhancement at sentencing for the possession of a firearm in connection with a drug offense and its refusal to grant a reduction for the acceptance of responsibility, sufficient evidence supported the finding that the defendant committed the felony offense of drug-trafficking and a […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
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- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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