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Tag Archives: Criminal

Officers credible on whether defendant was read his rights (access required)

Given the defendant’s motives and criminal record; the two law enforcement officers’ experience, candor and consistent testimony; contemporaneous notes and the record of investigation, the court found the officers more credible than the defendant on whether he had been advised ...

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New ‘Brady’ material not considered due to lack of guidance (access required)

Although the government produced Brady material in 2018 that it should have produced during defendant’s 2006 trial, the court emphasized its ruling was limited to deciding whether a defendant’s § 2255 motion, which was filed previously on different grounds, is ...

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Cop’s 20-year sentence for shooting unarmed man stands (access required)

In reviewing a former police officer’s appeal of his sentence for willfully shooting an unarmed man, the appellate panel found the district court did not err in concluding that second-degree murder was the appropriate cross-reference, as each of defendant’s four ...

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New York robbery conviction qualified as ‘crime of violence’ (access required)

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

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Motion to remit fines and costs denied in part (access required)

Where defendant has moved to remit fines and costs associated with his plea-based convictions of indecent exposure and three counts of obscene sexual display, the expenses associated with court-ordered sex offender treatment, GPS monitoring and a sex offender polygraph cannot ...

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