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Tag Archives: Upward Departure

Criminal Law: Felon in Possession of Firearm-Plea Agreement-Upward Departure

Defendant pleaded guilty to being a felon in possession of a firearm pursuant to a plea agreement, after defendant shot and killed another individual after he attacked defendant at his home. As part of the agreement, the government declined to ...

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Criminal Law: Drug User in Possession of Firearm-Guidelines Range-Upward Departure

Defendant pleaded guilty to being a drug user in possession of a firearm. Defendant’s presentence report included a four-level sentencing enhancement for possessing a firearm in connection with distribution of marijuana. The district court overruled defendant’s objection to the enhancement ...

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Criminal Law: Accessory to Murder-Guidelines Range-Upward Departure

Defendant was present during a murder and helped the murderer to clean the victim’s body of evidence and dispose of the body. Defendant pleaded guilty to being an accessory to second-degree murder. The district court found the applicable advisory guidelines ...

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Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Defendant pleaded guilty to domestic assault. At sentencing, the district court found defendant’s guidelines range to be 30 to 37 months. The court upward departed, concluding defendant’s criminal-history category under-represented the seriousness of his criminal history and imposed a one-month ...

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