Missouri Lawyers Media Missouri legal news and public notices
United States v. Butler (MLW No. 62500/Case No. 10-2901 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Tagged with: Bad Check Enhancement Wollman
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Criminal Law: Sentencing – Enhancement – Violent Felonies
U.S. v. Furqueron (MLW No. 60666/Case No. 09-2277 – 9 pages) Where a defendant escaped from a county jail by taking advantage of a security breach, the escape was a crime of violence for purposes of applying a sentencing enhancement, ...
Tagged with: Enhancement sentencing
Read More »Criminal Law: Sentencing – Enhancement – False Testimony
U.S. v. Seward (MLW No. 59764/Case No. 08-3912 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Where a defendant gave false testimony during plea negotiations regarding his use of an alias, the district court’s questioning of the ...
Tagged with: Enhancement False Testimony sentencing
Read More »Criminal Law: Sentencing – Enhancement – Ex Post Facto Provisions
State v. Anderson (MLW No. 59707/Case No. ED91625 – 8 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.) Where a trial court imposed a life sentence for a defendant’s felony offense of second-degree robbery, the court’s application of ...
Tagged with: Enhancement sentencing
Read More »Criminal Law: Sentencing – Enhancement – Drug And Firearm Possession
Where a defendant who was arrested as a felon in possession of firearms possessed only a “user” quantity of methamphetamine, the district court should not have applied the four-level enhancement without making a finding that the guns facilitated the drug ...
Tagged with: Criminal Law Enhancement sentencing
Read More »Criminal Law: Sentencing – Methamphetamine Conspiracy – Enhancement
Where a defendant challenged his 264-month sentence for charges connected with his participation in a methamphetamine-distribution conspiracy, the district court had sufficient information to impose an enhancement for possession of a firearm and the court’s explanation of its decision, although ...
Tagged with: Criminal Law Enhancement Methamphetamine Conspiracy sentencing
Read More »Criminal Law: Sentencing – Enhancement – ‘Connection’ With Felony
Where defendant threatened his landlady with a gun and left several hours later with her car, a four-level sentencing enhancement for using a firearm in connection with another felony offense was appropriate even though the landlady had frequently allowed the ...
Tagged with: Criminal Law Enhancement sentencing
Read More »Criminal Law: Sentencing – Enhancement – Prior Conviction
Where a criminal defendant appealed a four-level sentencing enhancement for possession of a firearm in connection with another felony offense, the guideline does not require a defendant to be a felon at the time of his possession of a firearm ...
Tagged with: Criminal Law Enhancement Prior Conviction sentencing
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