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Tag Archives: Possession with Intent to Distribute

Criminal Law: Possession with Intent to Distribute-Sixth Amendment Violation-Sentencing Errors

A jury convicted defendant of conspiracy and possession with intent to distribute methamphetamine. On appeal, defendant argued that his attorney violated defendant’s Sixth Amendment rights by conceding guilt to the possession charge at trial, and that the trial court committed ...

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Criminal Law: Possession with Intent to Distribute-Calculation of Drug Quantity-Sentencing Enhancement

Defendant was convicted of conspiracy to distribute, possession with intent to distribute and one count of distribution. The district court applied a base offense level of 32 based on its calculation that defendant was responsible for 150 to 500 grams ...

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Criminal Law: Possession with Intent to Distribute-Lowered Offense Level-Motion for Sentence Reduction

Defendant pleaded guilty to conspiracy and possession with intent to distribute. The district court sentenced defendant at the bottom of his guidelines range. The sentencing guidelines subsequently lowered the base level for defendant’s offense. The district court initially denied defendant’s ...

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Criminal Law: Possession with Intent to Distribute-Suppression of Evidence-Sufficiency of Evidence

Defendant was convicted of possession with intent to distribute. On appeal, defendant alleged a number of errors, including denial of his suppression motion, denial of a Franks hearing, denial of in camera review of an officer’s personnel file, allowing a ...

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Criminal Law: Possession with Intent to Distribute-Sentencing Enhancement-Prior Felony Conviction

Defendant sought habeas relief from the mandatory minimum sentence imposed following his conviction for conspiracy and possession with intent to distribute crack cocaine. Defendant’s mandatory minimum sentence was doubled based on a prior felony conviction. On appeal, defendant argued that ...

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Criminal Law: Possession with Intent to Distribute- Rejection of Recommended Sentence-Breach of Plea Agreement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a plea agreement in which the government recommended a sentence of 18 months of imprisonment. The district court instead imposed a 60-month sentence, stating that there was no reason ...

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Criminal Law: Possession with Intent to Distribute-Prior Felony Convictions-Career-Offender Enhancement

Defendant pleaded guilty to possession with intent to distribute, pursuant to a written plea agreement that contained an appeal waiver. The district court concluded that defendant had two prior felony convictions subjecting him to the career-offender enhancement and sentenced him ...

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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: Possession with Intent to Distribute-Felon in Possession of a Firearm-Armed Career Criminal Act

Defendant pleaded guilty to possession with intent to distribute and being a felon in possession of a firearm. Based on prior felony convictions, the district court determined that defendant was subject to an enhanced sentenced under the Armed Career Criminal ...

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Criminal Law: Possession with Intent to Distribute-Sentencing Guidelines Range-Substantive Reasonableness of Sentence

Defendant pleaded guilty to possession with intent to distribute. On appeal, defendant challenged the district court’s findings that defendant’s uncharged activity was part of a common scheme or course of conduct with his charged activity and that his charged activity ...

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Criminal Law: Possession with Intent to Distribute-Motion to Suppress Evidence-Prior Bad Acts Evidence

Defendant was convicted of possession with intent to distribute. On appeal, defendant challenged the denial of his motion to suppress evidence found during a traffic stop and also challenged the district court’s admission of prior bad acts after declining to ...

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