Where a defendant challenged the application of the Armed Career Criminal Act to his sentence, the Missouri second-degree robbery statute satisfied the force clause of the act, so the district court did not err in classifying the conviction as a ...

Tagged with: robbery Sentencing Prior Convictions

Where defendant challenged his convictions for first-degree robbery and armed criminal action, the judgment is affirmed because the defendant failed to show that he suffered from a diminished capacity at the time of the crime, and he failed to produce ...

Tagged with: diminished capacity Mental Disease robbery

Where a defendant challenged his convictions for robbery and armed criminal action, the trial court did not abuse its discretion in denying his motion to exclude gun and ballistics conclusions because the state exercised diligence and good faith in making ...

Tagged with: Ballistics Expert Propensity Evidence robbery

Where a defendant challenged his sentence in a robbery case, the judgment is affirmed because the defendant’s Minnesota conviction for first-degree aggravated robbery constituted a crime of violence for purposes of the Armed Career Criminal Act. Judgment is affirmed. U.S. ...

Tagged with: ACCA robbery sentencing

Where a defendant challenged his conviction for first-degree robbery, the evidence was sufficient to support the conviction, but the trial court erred by omitting the definition of “dangerous instrument” from the instruction, so the judgment is reversed and remanded for ...

Tagged with: Criminal Law Dangerous Instrument Jury Instruction robbery

Where a defendant who was convicted of robbery under the Hobbs Act and unlawful possession of a weapon challenged the admission of evidence of him wearing clothes similar to those worn by the perpetrator, the evidence was properly admitted as ...

Tagged with: Crime Of Violence Criminal Law Hobbs Act robbery

  Defendant pled guilty to robbery. Thereafter, defendant moved to vacate his conviction, alleging his counsel was ineffective for misadvising defendant about the immigration consequences of a guilty plea. The district court denied defendant’s motion without an evidentiary hearing. Where ...

Tagged with: Criminal Law ineffective assistance of counsel Motion to Vacate Conviction robbery

  Defendant committed a robbery while on supervised release from a prior bank robbery conviction. The district court sentenced defendant to an upward variance from the guidelines range. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district ...

Tagged with: Criminal Law robbery Substantive Reasonableness of Sentence Violation of Supervised Release

Where a defendant who was found guilty of bank robbery challenged the admission of Facebook videos that showed him displaying guns and ammunition, the district court did not err in admitting the videos as intrinsic evidence under Rule 404(b), and ...

Tagged with: Aiding and Abetting Criminal Law Facebook Video Evidence robbery

Defendant moved to vacate his sentence, challenging application of the Armed Career Criminal Act. Defendant argued that his prior Missouri conviction for robbery did not qualify as a predicate offense after the Supreme Court’s ruling in Johnson v. U.S., 135 ...

Tagged with: Armed Career Criminal Criminal Law Predicate Offense robbery

Where a defendant in a robbery and armed criminal action case argued that the trial court erred in overruling his motion to suppress based on the identification procedure, which involved an identification of the defendant in surveillance footage by his ...

Tagged with: Criminal Law Lay Witness Out-of-Court Identification robbery