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Criminal Law

Firearms conviction supported by testimony of multiple witnesses (access required)

Testimony from multiple witnesses, together with other testimony, including the defendant’s own telephone calls, supported his conviction for possession of a firearm. Background The evidence established that Erica Hutchings heard gunshots after 7 a.m. on Oct. 29, 2017, and saw ...

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Enhancements based on prior arson and distribution convictions upheld (access required)

A defendant was properly subject to an enhanced sentence because his prior state conviction for distribution of crack cocaine qualified as a serious drug offense under the Armed Career Criminal Act, or ACCA, and a controlled substance offense under the ...

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Sentence enhanced over conviction for accessory before armed robbery (access required)

A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...

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Sufficient evidence supports convictions for sex and drug trafficking (access required)

The court concluded there was sufficient evidence to support the convictions for sex trafficking and related drug counts. However, as a result of a Fourth Circuit decision issued after trial and post-trial briefing, the court granted the defendant’s motion for ...

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Pre-sentence report error did not require resentencing (access required)

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

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Any error in evidence proffer was harmless (access required)

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

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