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New York Criminal Lawyer Blog

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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 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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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 Appeals Sentence of Intent to Distribute Marijuana

The defendant is appealing the 97 month sentence that has been opposed upon him for his guilty plea to the charges of conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana (marijuana possession). Case Background The defendant agreed that he participated in a…

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Defendant Requests Motion for Mistrial Based on Government Misconduct

The defendant is appealing his convictions for conspiracy to possess with intent to distribute marijuana and marijuana possession. The defendant argues that the evidence in the case is insufficient to support the charges against him and that the trial court made a mistake when they denied his motion for a…

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Court Determines Insufficient Evidence Against Defendant in Drug Possession Case

Case Background Local police officers executed a search warrant at a home and when they did they found the appellant along with two other young men inside the home. A New York Criminal Lawyer said the appellant was detained in the living room with the other two men while the…

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Court Sentences Defendant to Judicial Diversion Program

The defendant was charged with several counts of criminal possession of a forged instrument, grand larceny and scheme to defraud. The parties to the case put in issue the eligibility of the accused for judicial diversion. The defendant argued that he is entitled for the judicial diversion program since he…

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Defendant Charged with Aiding and Abetting Robbery

The accused man along with a co-accused was convicted of robbery in the first degree. He and his co-accused had been charged with aiding and abetting the actual perpetrator; and the sole evidence linking the accused to the robbery was his own admissions. The evidence was insufficient to establish the…

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