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Tag Archives: Criminal

Assault with intent to murder is a ‘violent felony’ (access required)

A defendant was properly categorized under the Armed Career Criminal Act, or ACCA, because his conviction for assault with intent to murder qualified as a “violent felony” under the statute. Background Kevin Battle appeals from the district court’s denial of ...

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Prior domestic violations lead to enhanced sentence (access required)

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

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Drug conspiracy conviction survives post-trial motion (access required)

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

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U.S. can’t be sued for detention and removal of U.S. citizen (access required)

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

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Suspect was free to leave, ‘Miranda’ warnings not needed (access required)

Although the police were not required to give Miranda warnings to defendant before questioning him while executing a search warrant, the warnings provided were constitutionally sufficient. Facts Defendant Spinner’s father-in-law was a murder victim. Spinner and the victim’s daughter, Tamara, ...

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