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Criminal Law: Fraudulent Registration of Vehicles-Calculation of Actual Loss-Restitution
Defendant was convicted of fraudulently registering vehicles of Missouri residents in Illinois to avoid Missouri state taxes. At sentencing, the district court calculated an actual loss amount and ordered defendant to make restitution in that amount. On appeal, defendant challenged his restitution and the district court’s application of a two-level enhancement for obstruction of justice. [&helli[...]
Criminal Law: Receiving Stolen Property-Sufficiency of Evidence-Restitution
Where a defendant challenged his conviction for receiving stolen property, evidence that the defendant purchased items on the victim’s charge account that were not clearly authorized by the parties’ contract, even after the victim stated this, and after the defendant pawned the items purchased for cash, was sufficient to support the conviction, and the trial […]
Criminal Law: Intentional Damage to Protected Computer-Armed Career Criminal-Restitution
After conducting a series of malicious computer attacks, defendant pleaded guilty to conspiracy to cause intentional damage to a protected computer and two counts of being a felon in possession of a firearm. On appeal, defendant challenged his classification as an armed career criminal and the district court’s restitution order. Where aiding and abetting provided […]
Criminal Law: Sentencing-Restitution-Appeal Waiver
Where a defendant challenged his sentence and restitution order in a child-pornography case, the restitution order survived the appeal waiver because the order was not authorized by the statute, so the restitution order is vacated, but the prison sentence was within the scope of the waiver, and the government’s motion to dismiss is granted. Vacated. […]
Criminal Law: Passing Counterfeit Securities-Restitution-Intended-Loss Calculation
Defendant pleaded guilty to passing counterfeit securities. The district court sentenced defendant to 120 months of incarceration and ordered him to pay $55,000 in restitution. On appeal, defendant argued that the intended-loss calculation was too high and that the restitution amount should have been lower. Where the record demonstrated that defendant attempted to secure a […]
Criminal Law: Tampering-Propensity Evidence-Restitution
Where a defendant challenged his conviction for first-degree tampering and an order of restitution, the trial court did not abuse its discretion in admitting evidence of other thefts and drug use because the evidence was relevant to establish the defendant’s identity through surveillance videos and to establish his motive of funding his heroin habit, and […]
Criminal Law: Restitution-Property Losses-Evidence
Where a defendant, who pleaded guilty to illicit sexual conduct in a foreign place, challenged an order of restitution, the judgment is affirmed because the order to pay restitution for certain claimed property losses totaling $7,000 was supported by reliable evidence. Judgment is affirmed. U.S. v. Page (MLW No. 72961/Case No. 17-3658 – 5 […]
Criminal Law: Restitution-Sentence Authority
Where a defendant argued that he was denied due process, and the plea court lacked the authority to sentence him to an executed term and to pay restitution, the defendant’s claim was waived by his knowing, voluntary and intelligent guilty plea, and any error was self-invited, so the judgment is affirmed. Judgment is affirmed. […]
Criminal Law: Restitution-Plea Deal
Where defendant sought to strike his agreed restitution obligation but keep the rest of his plea deal intact, the defendant’s guilty plea waived the claim of error, and the defendant’s claim that restitution contradicted the oral sentence was refuted by the record. Judgment is affirmed. Borneman v. State (MLW No. 72783/Case No. SD35513 – […]
Criminal Law: Financial Exploitation of Disabled Person-Concurrent Sentences-Restitution
Defendant was convicted of financial exploitation of a disabled person and Medicaid fraud after she deposited a client’s funds into her operating account rather than a trust account and purchased personal items. On appeal, defendant argued that the trial court erred in sentencing her to concurrent terms and exceeded its authority by ordering restitution. Where […]
Criminal Law: Wire Fraud-Restitution-Joint and Several Liability
Defendants participated in a wire-fraud scheme to obtain money from elderly victims, claiming relatives in the Dominican Republic needed wired funds. At sentencing, the district court found that defendants were jointly and severally liable for the total amount obtained by the scheme during each defendant’s respective involvement and accordingly upward departed in each case and […]
Criminal Law: Discharging a Firearm-Restitution-Waiver of Right to Appeal
Defendant pleaded guilty to discharging a firearm in furtherance of a drug-trafficking crime and received a 15-year prison sentence and order to pay restitution. Defendant’s guilty plea included a term waiving his right to appeal any restitution order. Where terms of plea agreement waiving right to appeal restitution order were enforceable even though district court […]
Latest Opinion Digests
- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
