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Criminal Law

No review of sentencing guidelines calculations (access required)

Where the trial court adopted the commonwealth’s interpretation of the applicable sentencing guidelines, there is no appealable issue because appellate review of sentencing guideline calculations is precluded by statute. At appellant’s sentencing for his plea-based conviction to a sex crime, ...

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Petition for actual innocence writ denied (access required)

A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that another informant recanted his testimony, is dismissed. Further, we reject ...

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Assault in aid of racketeering constitutes crime of violence (access required)

Where the statute criminalizing assault with a dangerous weapon in aid of racketeering activity “heightens” the common law assault definition by additionally requiring the use of a dangerous weapon, that combination satisfies the “crime of violence” definition under the § ...

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