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Criminal Law

Physician convicted of drug conspiracy charges (access required)

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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Application of enhancement did not change the sentence imposed (access required)

Any error resulting from the district court’s application of a sentencing enhancement for career offenders was harmless because, even if the enhancement was not applied, the court would have imposed the same sentence and that sentence would have been reasonable. ...

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Prior conviction did not support armed career criminal designation (access required)

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

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Sentence hiked for knowledge of likely unlawful use of guns (access required)

Where a pawn shop employee had reason to believe the fellow gang member he gave several guns would use the firearms unlawfully, sentence enhancement of his convictions for firearm trafficking was appropriate. Background Appellant William Devon Evans was an employee ...

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Strip search of passenger did not violate the Fourth Amendment (access required)

Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and ...

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Defendant’s acceptance of funds during project constituted bribery (access required)

Where a defendant facilitated the award of a contract to a private company whose owner was issuing payments to him for fraudulent invoices submitted to another one of his companies,  the defendant’s bribery conviction is upheld. Background Appellant Raushi J. ...

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Incompenefendant may be involuntarily medicated for trial (access required)

A defendant who had been declared incompetent to stand trial can be medicated to achieve competency; the medication was unlikely to have side effects that would undermine the defendant’s ability to receive a fair trial. Background Appellant Richard Leroy Abney ...

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