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Criminal Law

No double jeopardy violation in child pornography case (access required)

Appellant’s convictions and sentences for production of child pornography and possession of child pornography do not violate double jeopardy principles. Possession of child pornography is not a lesser-included offense of production of child pornography. Background Appellant was 17 years old ...

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Failure to exhaust remedies dooms compassionate release motion (access required)

A prisoner who requested reduced sentence or home confinement because of COVID-19 failed to exhaust his administrative remedies and did not argue the requirement should be waived. And because the recently-passed Coronavirus Aid, Relief, and Economic Security, or CARES, Act, ...

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Defendant with COVID-19 infection denied early release (access required)

A defendant who had a “violent and dangerous past” and has tested positive for COVID-19 did not demonstrate “extraordinary and compelling” circumstances warranting early release given his minor symptoms, the need to protect the public at large and the absence ...

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Elderly prisoner released early because of COVID-19 concerns (access required)

Where a bank robber suffered from serious health conditions that would render him virtually defenseless if he were to become infected with COVID-19, including chronic liver disease and a history of severe cardiac issues, he was excused from compliance with the ...

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Defendant’s knowledge of prior crimes supports current conviction (access required)

Although the defendant argued he did not know his prior domestic violence convictions were labeled under federal law as “misdemeanor crimes of domestic violence,” that is not the law. His general knowledge was sufficient to support his conviction for possession ...

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