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Criminal Law

‘Missing Witness’ Instruction for Deported Witness (access required)

An alleged MS-13 gang member, charged with racketeering-related charges of murder, conspiracy to commit murder, use of a firearm and maiming, is entitled to a “missing witness” jury instruction because the U.S. deported a material witness without advising the defense; ...

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Gun’s Serial Number ‘Altered’ for Sentencing (access required)

A firearm serial number that is made less legible is “altered” for purposes of applying a four-level sentencing enhancement for “an altered or obliterated serial number” on a firearm, and the 4th Circuit affirms defendant’s 105-month sentence for his conviction ...

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