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Tag Archives: Sentencing Enhancement

Criminal Law: Felon in Possession of Firearm-Motion to Suppress Evidence-Sentencing Enhancement

In consolidated appeals, defendants appealed their convictions for being a felon in possession of a firearm, challenging the district court’s application of a sentencing enhancement for possession of a firearm in connection with another felony offense. Defendant Tereall Green also ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant was sentenced to 20 years’ imprisonment for conspiracy to possess with intent to distribute 5 or more grams of crack cocaine. The Fair Sentencing Act, which was later made retroactive by the First Step Act, increased the threshold for ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant appealed from his conviction, following a guilty plea, to being a felon in possession of a firearm. The district court imposed a four-level sentencing enhancement for possession of a firearm in connection with another felony. On appeal, defendant argued ...

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Criminal Law: Felon in Possession of Firearm-Possession in Connection with Another Felony-Sentencing Enhancement

Defendant pleaded guilty to being a felon in possession of a firearm. The presentence investigation report included a four-level sentencing enhancement for possession of a firearm in connection with another felony offense. On appeal, defendant challenged application of the enhancement, ...

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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-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: Bank Robbery-Sentencing Enhancement-Death Threats Made During Crime

Defendant pleaded guilty to bank robbery. His presentence report applied a two-level enhancement after finding defendant made a death threat during the robbery. On appeal, defendant challenged the sentencing enhancement and argued that his sentence was substantively unreasonable. Where defendant’s ...

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Criminal Law: Transactions Derived from Unlawful Activity-Tax Fraud-Sentencing Enhancement

Defendant pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity and to filing a false or fraudulent tax return. The district court imposed concurrent sentences on both charges. On appeal, defendant challenged the application of ...

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