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Tag Archives: Criminal

Federal gun charge based on state domestic violence conviction (access required)

Although the defendant claimed his federal gun charge could not be based on his Virginia conviction for domestic violence because he did not knowingly and intelligently waive his right to a jury trial in Virginia as required under federal statute, ...

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Improper exclusion of expert results in convictions being vacated (access required)

Where the trial court improperly excluded an expert who would have provided testimony material to the defendants’ defense, two defendants convicted of drug conspiracy charges are entitled to a new trial. Background A federal jury convicted Benjamin Galecki and Charles ...

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Police detective did not intentionally lie in affidavit (access required)

Where the detective’s facially sufficient search warrant affidavit was imprecise,  but had no proof an alleged error was intentionally or recklessly false,  the drug defendant’s post-conviction challenge to the affidavit failed. Background After a jury convicted Benitez Auguarius Moody of ...

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Defendant’s confession alone insufficient to support conviction (access required)

A defendant who admitted he lied about his intent in purchasing firearms nevertheless had his conviction overturned because there was no independent corroborating evidence or testimony. Background Christopher Rodriguez-Soriano was found guilty of knowingly making a false statement to a ...

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First Step Act may require review of defendant’s concurrent sentence (access required)

Where a court declined to review whether a defendant’s sentence on a firearm charge was improperly enhanced under the Armed Career Criminal Act, or ACCA,because the defendant’s concurrent sentence of a drug-trafficking charge was valid, remand for evaluation was warranted. ...

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Defendant fails to show prior removal order was fundamentally unfair (access required)

The defendant failed to demonstrate any violation of his due process rights during the prior expedited removal hearing. As a result, the court rejected his collateral attack on the indictment. Background Defendant is a citizen of El Salvador who entered ...

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Mother’s convictions for making false reports of child abuse affirmed (access required)

Where the mother of a child had audio files on her phone indicating that she had hypnotized her daughter into believing that she was sexually abused by her father and then encouraged and facilitated the reporting of those false allegations ...

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