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About damien

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So far damien has created 6 entries.

Eighth Circuit Affirms Denial of Safety Valve and Imposition of Ten-Year Sentence

It is unlikely that today Alfonso Vega Diaz would face a mandatory minimum sentence under A.G. Holder’s new drug charging policy (no violence, weapons, minors, serious injury or death; not an organizer, leader or supervisor; no “significant ties” to “large-scale drug trafficking organizations, gangs, or cartels;” and no or minimal criminal history). Unfortunately for Diaz, […]

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By |March 27th, 2014|Blog|Comments Off|
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Eighth Circuit Rejects Cross-Section Jury Challenge

In those increasingly rare cases that go to trial, the defendant is entitled to a jury “selected from a fair cross-section of the community.”  Defendants like Carlous Horton can be surprised to learn that this doesn’t mean a jury pool, much less an actual jury, that actually reflects racial, gender and economic demographics (in Horton’s […]

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By |March 27th, 2014|Blog|Comments Off|
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Eighth Circuit Analyzes Evidentiary Issues Relating to GPS Tracking

In United States v. Brooks, issued on May 28, 2013, the Eighth Circuit affirmed the district court’s admission of evidence from a GPS tracking device at Brooks’ trial for offenses related to a bank robbery. The case highlights some creative – if ultimately unsuccessful – challenges to technologically-advanced investigative techniques.

The device had been concealed […]

By |June 3rd, 2013|Blog|Comments Off|
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Eighth Circuit Reverses Condition of Supervised Release as Unduly Restrictive

In United States v. Wroblewski, issued on May 24, 2013, the Eighth Circuit reversed a condition of Wroblewski’s supervised release that required him to steer clear of his girlfriend’s family, while upholding a condition prohibiting him from contact with his girlfriend. The case is a notable example of supervised release conditions that exceed permissible […]

By |June 3rd, 2013|Blog|Comments Off|
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Eighth Circuit Affirms Upward Departure Where Criminal History Understated and Crime “Outside the Heartland”

Michael Todd Never Misses a Shot appealed his 36-month sentence upon a guilty plea to making false statements to law enforcement. The district court had departed upward from the 2 to 8-month range calculated in his presentence report because his criminal history category understated his potential for recidivism and the facts of his offense […]

By |June 3rd, 2013|Blog|Comments Off|
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Eighth Circuit Upholds Sentence Where Defendant Misadvised About Mandatory Minimum Penalty Faced

Frank Martin pled guilty to all five counts of his federal indictment, charging him with distributing crack cocaine and gun possession, apparently under the mistaken impression that he faced a mandatory minimum sentence of 10 years, and an advisory guideline sentence of 15-20 years. In fact, because his crimes triggered the Armed Career Criminal […]

By |June 3rd, 2013|Blog|Comments Off|
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