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Tag Archives: plea agreement

Criminal Law: Sentencing-Plea Agreement

Where a defendant challenged the denial of a pretrial suppression motion and argued that his sentence was substantively unreasonable, a written plea agreement did not refer to the suppression motion, so he waived the right to appeal the denial of ...

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Criminal Law: Plea Agreement-Failure to Secure-Effectiveness of Counsel

Where a defendant argued that his counsel was ineffective for failing to secure a plea agreement, the defendant did not show that the attorney acted unreasonably by advising his client to focus on a mental health evaluation and by failing ...

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Criminal Law: Felon in Possession of Firearm-Plea Agreement-Upward Departure

Defendant pleaded guilty to being a felon in possession of a firearm pursuant to a plea agreement, after defendant shot and killed another individual after he attacked defendant at his home. As part of the agreement, the government declined to ...

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Criminal Law: Drug Charges-Plea Agreement-Substantive Reasonableness of Sentence

Defendant appealed from his conviction after he pleaded guilty to drug charges and the district court imposed a sentence in accordance with defendant’s plea agreement. On appeal, defendant challenged his sentence as substantively unreasonable and an abuse of discretion and ...

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Criminal Law: Plea Agreement-Appeal Waiver

Where a defendant challenged the voluntariness of his guilty plea and the effectiveness of his attorneys, the defendant knowingly and voluntarily entered a plea agreement, so the included appeal waiver was enforceable, and the judgment is affirmed. Judgment is affirmed. ...

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Criminal Law: Hobbs Act Robbery-Plea Agreement-Appeal Waiver

Defendant appealed after pleading guilty to Hobbs Act robbery offenses pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant argued that the government breached the plea agreement and challenged the sufficiency of evidence and the constitutionality ...

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Criminal Law: Plea Agreement-Waiver

Where a defendant argued that the district court erred by requiring him to comply with sex-offender registration requirements, the appeal fell within the scope of a waiver included in the plea agreement, and the waiver was knowing and voluntary, so ...

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Criminal Law: Possession with Intent to Distribute-Plea Agreement-Ineffective Assistance

Defendant pleaded guilty to possession with intent to distribute pursuant to a plea agreement. The agreement included an appeal waiver, which included collateral claims except claims based on ineffective assistance of counsel challenging the validity of defendant’s plea or appeal ...

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Criminal Law: Conspiracy to Distribute Heroin-Plea Agreement-Due Process

Defendant appealed the sentence imposed after he pleaded guilty, pursuant to a written plea agreement, to conspiring to distribute heroin. On appeal, defendant argued that his due process rights were violated at sentencing. Where the district court relied upon the ...

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Criminal Law: Plea Agreement-Denial of Sentence Reduction-Retroactively Lowered Sentencing Range

Defendant pleaded guilty pursuant to a Rule 11(c)(1)(C) plea agreement and was sentenced according to that agreement. On appeal, defendant challenged the denial of her motion for a sentence reduction based on a retroactively lowered sentencing guidelines range. Defendant argued ...

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Criminal Law: Drug and Firearm Offenses-Plea Agreement-Appeal Waiver

Defendant appealed from her sentence, imposed pursuant to a plea agreement that contained an appeal waiver. Where defendant’s appellate argument fell within the scope of her appeal waiver, the court dismissed her appeal. Appeal is dismissed. U.S. v. Beckley (MLW ...

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