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Tag Archives: sentencing guidelines

Criminal Law: Motion for Sentence Reduction-Sentencing Guidelines-Same Sentencing Ranges

Defendant appealed the denial of his motion for a sentence reduction under Amendment 782 to the sentencing guidelines. Where defendant’s pre- and post-amendment guidelines ranges were the same, defendant was ineligible for relief under his motion for sentence reduction. Judgment ...

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Criminal Law: Motion to Reduce Sentence-Sentencing Guidelines-Imposition of Statutory Minimum Sentence

Defendant received the applicable statutory minimum sentence for his conviction. Defendant moved to reduce his sentence based on an amendment to the sentencing guidelines. The district court denied defendant’s motion. Where defendant already received the applicable statutory minimum sentence, he ...

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Criminal Law: “Willful” Aggravated Assault- “Crime of Violence”- Sentencing Guidelines

During defendant’s sentencing for possession of a firearm as a felon, the district court concluded that defendant’s prior North Dakota aggravated-assault conviction constituted a crime of violence under the federal sentencing guidelines and thereby increased his recommended guidelines range. On ...

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