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Criminal Law

Prior domestic violations lead to enhanced sentence (access required)

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

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Drug conspiracy conviction survives post-trial motion (access required)

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

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U.S. can’t be sued for detention and removal of U.S. citizen (access required)

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

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Suspect was free to leave, ‘Miranda’ warnings not needed (access required)

Although the police were not required to give Miranda warnings to defendant before questioning him while executing a search warrant, the warnings provided were constitutionally sufficient. Facts Defendant Spinner’s father-in-law was a murder victim. Spinner and the victim’s daughter, Tamara, ...

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Court made plain error but rights were not affected (access required)

The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending ...

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Another attack on prior immigration order rejected (access required)

A defendant lost his motion to dismiss an illegal re-entry indictment claiming that a prior notice to appear was deficient. The ruling is in accord with numerous district court decisions holding that compliance with immigration regulations is sufficient under the ...

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