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Articles Posted in Criminal Procedure

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Defendant Contends Government Relying on Hearsay Evidence

The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state. Case Background The defendant was arrested in March of…

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Defendant Claims 6th Amendment Right to Impartial Jury was Violated

The appellant was convicted on a charge of conspiracy to distribute marijuana and distribution of approximately 530 pounds of marijuana. A New York Criminal Lawyer said he is appealing this conviction on the ground that the trial court’s examination of prospective jurors was inadequate and that the venue for the…

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Defendant Appeals Conviction for Trafficking Cocaine

The defendant/appellant in this case is appealing convictions for trafficking in cocaine and marijuana possession. Case Background Evidence showed that the girlfriend of the defendant rented a car through her aunt. The defendant borrowed this car and was driving on the turnpike when he was pulled over by a state…

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Defendant Appeals Sentence for Conspiracy to Possess and Distribute Marijuana

A New York Criminal Lawyer said the defendant is appealing his 168 month sentence for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana. He argues that the district court made a mistake when they applied a two level enhancement for firearm possession because there was…

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Court Decides if Marijuana Possession is a Serious Drug Offense Under ACCA

The government is appealing the sentence of only 55 months for the defendant for being a felon in the possession of a firearm. A New York Criminal Lawyer said the government challenges the determination from the Supreme Court that the defendant was not an armed career criminal. Furthermore, the government…

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Defendant Claims Evidence Does Not Support Possession Charge

The appellant was convicted by a jury on the charges of possession of marijuana possession with intent to distribute and conspiracy to possess marijuana with the intent to distribute. The appellant is appealing the convictions on two grounds. First, he states that the evidence in the case is insufficient for…

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Evidence for Conspiracy to Possess Marijuana is Insufficient, According to Defendant

The first appellant in this case was convicted for conspiracy to possess marijuana with intent to distribute and possession of cocaine. The second appellant was convicted of conspiracy to possess marijuana with the intent to distribute. The third appellant was convicted of conspiracy to possess marijuana with the intent to…

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Immigration Issues Complicate a Drug Possession Charge

The defendant in this case is 39 and a citizen of Italy. He is currently living in Florida. The United States Immigration and Naturalization Service has moved to have him deported to Italy on the ground that he has overstayed his six month visa that was granted to him when…

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Defendant Contends that Initial Police Stop was Pre-Textual

The defendant in this case is challenging a judgment and sentence that she received for trafficking methamphetamines, a felony marijuana possession of drug paraphernalia. She was charged with carrying a concealed weapon as well. In support of her challenge the defendant states that the court made a mistake by not…

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