Criminal Law: Bank Fraud-Within-Guidelines Sentence-Ineffective Assistance of Counsel
Defendant pleaded guilty to bank fraud and the district court sentenced him to a within-guidelines sentence. On appeal, defendant argued that his sentence was substantively unreasonable and that he received […]
Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis
Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual […]
Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Explain Immigration Consequences
Defendant pleaded guilty to unlawfully using identification documents. At defendant’s plea hearing, the district court confirmed that defendant understood he would likely be deported after serving his sentence and that […]
Criminal Law: Possession with Intent to Distribute-Substantive Reasonableness of Sentence-Ineffective Assistance of Counsel
Defendant appealed from the sentence imposed after he pleaded guilty to possession of methamphetamine with intent to distribute. On appeal, defendant argued that his sentence was substantively unreasonable and that […]
Criminal Law: Conspiracy to Distribute Cocaine-Sufficiency of Evidence-Ineffective Assistance of Counsel
Defendant appealed his conviction for conspiracy to distribute cocaine, challenging the sufficiency of evidence and alleging ineffective assistance of trial counsel. Where evidence at trial supported finding that defendant had […]
Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel
Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to […]
Criminal Law: Possession with Intent to Distribute-Ability of Sentence to Support Related Conviction-Ineffective Assistance of Counsel
Defendant pleaded guilty to possession of marijuana with intent to distribute and to weapons offenses. In his plea agreement, defendant waived his right to appeal his convictions but not the […]
Criminal Law: Felony Murder-Motion to Set Aside Conviction-Ineffective Assistance of Counsel
Defendant was charged with abuse of a child resulting in death. Pre-trial, defense counsel moved to exclude the victim’s autopsy results. The trial court ruled that the autopsy need not […]
Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel
Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction […]
Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel
Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered […]
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice
Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly […]
Criminal Law: Sexual Assault-Post-Conviction Relief-Ineffective Assistance of Counsel
Defendant was convicted of the lesser-included charge of statutory rape. Defendant filed a motion for post-conviction relief, arguing that trial counsel was ineffective for failing to object and request a […]
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