Free Newsletter
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 the motion, and the judgment is affirmed because the sentence was not unreasonable. Judgment is […]
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 to reach a plea agreement or by failing to preserve the agreement while the defendant […]
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 request sentencing enhancements. Although the government requested a sentence at the top of the standard […]
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 further challenged the voluntariness of his plea and the constitutionality of one of his offenses. […]
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. U.S. v. Downey (MLW No. 74110/Case No. – 19-2259 – 3 pages) (U.S. Court of […]
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 of his firearm conviction. Where the government’s conduct at sentencing was consistent with the terms […]
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 the judgment is affirmed. Judgment is affirmed. U.S. v. Knight (MLW No. 73993/Case No. 18-2019 […]
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 waiver. Where the district court did not abuse its discretion by denying defendant’s requests for […]
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 evidence and testimony presented at the sentencing hearing to resolve disputed portions of the presentencing […]
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 that her plea agreement did not foreclose her right to relief. Where defendant’s sentence was […]
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 No. 73490/Case No. 18-1565 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) […]
Criminal Law: Drug and Firearm Offenses-Plea Agreement-Appeal Waiver
Defendant pleaded guilty to drug and firearms offenses pursuant to a plea agreement that included an appeal waiver. On appeal, defendant argued that the government made an argument that breached the plea agreement and thus he should be resentenced or allowed to withdraw his guilty plea. Where the government consistently advocated for the promised […]
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
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
