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Tag Archives: sentencing

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. ...

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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Where a defendant, whose probation was revoked, challenged the judgment overruling her motion for post-conviction relief from sentences imposed in 2017 for felony stealing, the defendant was on probation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 ...

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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 ...

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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 ...

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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 ...

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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. ...

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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 ...

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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. ...

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