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Criminal Law: Sentencing-Substantive Reasonableness
Where a defendant challenged his sentence in a felon-in-possession case, the district court adequately explained the considerations that it weighed, and the sentence was substantively reasonable. Judgment is affirmed. U.S. v. Tobias-Haywood (MLW No. 74831/Case No. 19-2023 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District […]
Criminal Law: Sentencing-Domestic Assault-“Actual Innocence”
Where a defendant challenged the denial of his motion to vacate his sentence for the crime of domestic assault by a habitual offender in Indian country, the conviction for simple assault was for an offense that if under federal jurisdiction would qualify as an assault against an intimate partner, so the defendant could not show […]
Criminal Law: Sentencing-Career Offender-Rule of Lenity
Where a defendant challenged the application of a career offender enhancement at sentencing, the defendant did not show that the rule of lenity was triggered on plain error review, so the district court properly applied the enhancement. Judgment is affirmed. U.S. v. Morris (MLW No. 74835/Case No. 18-3668 – 4 pages) (U.S. Court of Appeals, […]
Criminal Law: Sentencing-Appeal Waiver
Where a defendant challenged the sentence imposed after he pleaded guilty to a drug offense, the plea agreement included an appeal waiver that was valid, enforceable and applicable to the issues raised in the appeal. Appeal is dismissed. U.S. v. Bermudez (MLW No. 74802/Case No. 19-1803 – 2 pages) (U.S. Court of Appeals, 8th Circuit, […]
Criminal Law: Sentencing-Bazell -Probation
Where a defendant, whose probation was revoked, challenged the judgment overruling her motion for post-conviction relief from sentences imposed in 2017 for felony stealing, the defendant was on probation and had not been sentenced at the time the court decided State v. Bazell, which held that misdemeanor stealing could not be enhanced to a felony, […]
Sentencing Bazell Guilty Plea
Where a defendant who originally pleaded guilty to stealing challenged the revocation of his probation and sentence for felony stealing, the trial court erred in sentencing the defendant for a felony when State v. Bazell held that stealing under the statute in effect at the time was a misdemeanor that could not be enhanced to […]
Criminal Law: Sentencing-Life Imprisonment
Where a defendant, who was sentenced to two terms of life imprisonment without the possibility of parole for the first-degree murders of his grandparents when he was 19, challenged Section 565.020 as unconstitutional as applied to him, the court is bound by U.S. Supreme Court precedent explicitly delineating offenders 18 years and older as adults, […]
Criminal Law: Sentencing-Variance
Where a defendant challenged his sentence after pleading guilty to federal offenses stemming from a high-speed chase in a stolen vehicle, the district court recognized the defendant’s mental health issues and did not abuse its discretion in concluding that an upward variance was warranted. Judgment is affirmed. U.S. v. Moore (MLW No. 74744/Case No. 19-1554 […]
Criminal Law: Sentencing-Supervised Release-Revocation Sentence
Where a defendant challenged his sentence imposed upon the revocation of supervised release, the district court properly considered the defendant’s history and characteristics, and the court properly exercised its discretion in weighing the sentencing factors, so the judgment is affirmed. Judgment is affirmed. U.S. v. Mitchell (MLW No. 74751/Case No. 19-2126 – 4 pages) (U.S. […]
Criminal Law: Sentencing-Supervised Release-Consecutive Sentences
Where a defendant challenged a sentence imposed upon the revocation of supervised release, the district court did not abuse its discretion by imposing the sentence to run consecutively to his state court sentences. Judgment is affirmed. U.S. v. Short (MLW No. 74718/Case No. 19-1881 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) […]
Criminal Law: Sentencing-Revocation Sentence-Substantive Unreasonableness
Where a defendant challenged his sentence following the revocation of his supervised release, the revocation sentence was not substantively unreasonable, and the district court properly explained the reasons for the decision, so the judgment is affirmed. Judgment is affirmed. U.S. v. Norton (MLW No. 74745/Case No. 19-2652 – 2 pages) (U.S. Court of Appeals, 8th […]
Criminal Law: Sentencing-Substantive Reasonableness
Where a defendant challenged his sentence following a guilty plea in a drug case, the sentence was not unreasonable, and the judgment is affirmed. Judgment is affirmed. U.S. v. Williams (MLW No. 74735/Case No. 19-2857 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas.
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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