Home / Opinion Digests / Criminal Law (page 2)

Criminal Law

Providing false documents to U.S. Attorney leads to obstruction conviction (access required)

An individual who received grand jury subpoenas seeking financial records for his companies, and who then provided false records to a United States Attorney, could not argue he intended merely to influence the U.S. Attorney’s Office, and not the grand ...

Read More »

Career criminal enhancement must be based on specified offenses (access required)

Where a defendant was incorrectly sentenced as a career criminal based on a drug conviction that did not support the application of the enhancement, the career criminal designation could not be upheld based on the defendant’s state robbery conviction because ...

Read More »

Pretrial production of business records was unnecessary (access required)

A defendant charged with conspiracy to defraud numerous individuals by pitching investment opportunities in various business entities was unable to subpoena documents from two business entities because he failed to demonstrate that the requested documents would be admissible, could not ...

Read More »

Juvenile’s sentence exceeded limit allowed by statute (access required)

A trial court’s goal of sentencing a defendant for, essentially, time served was thwarted because the sentence exceeded the maximum that could be imposed under the statute. Background Appellant and two other persons assaulted another teenager as he walked to ...

Read More »

Dealer’s relationship with customer established conspiracy (access required)

Where a defendant repeatedly purchased heroin from a single dealer and the dealer was aware of the defendant’s redistribution of the heroin and had an interest in keeping defendant as his customer, the defendant was properly convicted of a conspiracy ...

Read More »