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Criminal Law

Bodily injury sentence enhancement applied in error (access required)

Where the sentencing court never determined whether the victim’s injuries lasted for a “meaningful period” or if they were of a type for which more-than-precautionary medical attention ordinarily would be sought, it erred in imposing a sentencing enhancement for bodily ...

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Record supports sentencing court’s conspiracy conclusion (access required)

Where defendants challenged their sentence for conspiracy to distribute and possess ice-level purity methamphetamine, it was not clearly erroneous for the district court to rely on testing results and circumstantial and direct evidence to conclude the conspiracy was centered on ...

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Poor health, high-risk pregnancy result in compassionate release (access required)

Where the defendant had served the majority of her original sentence for conspiracy to distribute methamphetamine, and her medical conditions combined with a high-risk pregnancy warranted a reduction in her prison term, her motion for compassionate release was granted. Background ...

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Inmates weren’t ‘in custody’ during prison interview (access required)

Even though incarcerated persons interviewed about safety following a stabbing were questioned in a separate location, isolated from the general prison population, restrained and not advised that they were free to leave, because of the totality of the circumstances, including ...

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