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Criminal Law

Error in instructing jury on drug quantity was harmless (access required)

Although the district court erred in instructing the jury about the legal principles it was required to apply to determine the methamphetamine quantity attributable to the defendant, any error was harmless because it did not seriously affect the fairness, integrity ...

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Abuse of discretion standard applied in drug conspiracy case (access required)

Although the defendant argued that a de novo standard of review should be applied to the district court’s intrinsic evidence ruling, the appellate court applied an abuse of discretion standard as required by its precedent. Background Defendant Donald Bush appeals ...

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Errors in search warrant affidavit were not intentional (access required)

Where a police officer might have been negligent in not reviewing certain records before submitting an affidavit in support of a search warrant, because there was no evidence the error was knowing or intentional and because the affidavit was otherwise ...

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Sentence reduced to time served under First Step Act (access required)

Although the government argued that the defendant should be sentenced based on the amount of cocaine for which he was found responsible under the Presentence Investigation Report, or PSR, the defendant qualified for a sentence reduction under the First Step ...

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Ineffective assistance requires new trial (access required)

Where respondent concedes that petitioner’s plea-based convictions were the result of ineffective assistance of counsel, petitioner is entitled to habeas relief and a new trial is ordered. Petitioner pleaded no contest to felony obstruction of justice and felony eluding under ...

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