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Tag Archives: Sentencing Enhancement

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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Criminal Law: Felon in Possession of a Firearm-Sentencing Enhancement-Denial of Downward Variance

Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court’s application of a two-level enhancement for possession of at least three firearms. Defendant also challenged the denial of a ...

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

Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant argued that the district court erred in imposing a four-level guidelines sentencing enhancement for possessing a firearm in connection with another felony offense. Where the ...

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Criminal Law: Child Pornography-Sentencing Enhancement-Pattern of Child Sexual Abuse

  Defendant pleaded guilty to accessing or attempting to access child pornography. The district court applied a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor.” On appeal, defendant challenged the ...

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