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Tag Archives: Sentencing Enhancement

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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Criminal Law: Conspiracy to Distribute Methamphetamine-Supervisor of Criminal Activity-Sentencing Enhancement

  Defendant pleaded guilty to conspiring to distribute methamphetamine. His presentence investigation report recommended finding defendant to be the organizer or leader of an extensive conspiracy to distribute methamphetamine from California to Minnesota. At sentencing, the trial court sustained defendant’s ...

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Criminal Law: Felon in Possession of Firearm-Use of Firearm to Facilitate Crime-Sentencing Enhancement

Defendant pleaded guilty to being a felon in possession of a firearm after police discovered defendant was harboring a runaway minor. The minor alleged but later recanted that defendant had abused him at gunpoint. The district imposed an upward variance ...

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Criminal: Conspiracy to Distribute Narcotics-Sentencing Enhancement-Use or Threat of Violence

Defendant pleaded guilty to conspiracy to distribute methamphetamine. During intercepted phone calls, defendant suggested two co-conspirators needed to be assaulted for working with law enforcement and paid another co-conspirator to carry out the assaults. The district court imposed a sentencing ...

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