Federal Criminal Fourth Amendment Privacy Expectation Lawyers Attorneys
Habeas petitioner, who merely cited testimony that he visited a residence that was searched and that documents with his name were found in the residence, failed to demonstrate that he possessed a reasonable expectation of privacy in the place searched and, therefore, could not prove the merit of his underlying Fourth Amendment claim.
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Federal Criminal Drug Paraphernalia Possess Suppression Lawyers Attorneys
Where defendant was arrested for possession of drug paraphernalia during a search of a home, suppression was not warranted, because the police had probable cause to arrest defendant based on, inter alia, his position near drug paraphernalia in a house that seemed to have no legal purpose and a person’s statement intimating that he possessed drugs.
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Federal Criminal Self-defense Conflict Interest Lawyers Attorneys
Because lawyer had actual conflict of interest when he declined to move for downward self-defense departure at prisoner’s sentencing proceedings in order to avoid accusing another client of threatening prisoner’s life, prisoner was deprived of Sixth Amendment right to effective assistance of counsel and entitled to remand for resentencing.
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Federal Criminal Cocaine Testimony Lawyers Attorneys
Evidence was sufficient to convict defendants of conspiring to distribute in excess of 50 grams of cocaine base, 21 U.S.C.S. §§ 846, 841(a)(1), and 846(b)(1)(A)(iii), given witness testimony and physical evidence. Court had to impose a mandatory minimum sentence for one defendant, 18 U.S.C.S. § 3553(a); other defendant’s sentence was reasonable.
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Federal Firearms Arrested Lawyers Attorneys
A 68-year-old Olympia gun dealer who is believed to have sold the rifle that was used to kill Seattle police officer Timothy Brenton last year was arrested Friday for selling two other firearms to people prohibited from owning weapons, according to the U.S. Attorney’s Office.
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Federal Criminal Sentencing Departure Guidelines Lawyers Attorneys
Defendant’s motion for downward sentencing departure was denied because criminal history category of V properly reflected defendant’s prior record and his strong recidivist proclivity, his case fit into the heartland of cases presented to court, and sentence within guidelines range would be consistent with factors set out in 18 U.S.C.S. § 3553(a).
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US Federal Criminal Assault Rape Conviction Lawyers Attorneys
District court properly applied U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) following defendant’s guilty plea to violating 8 U.S.C.S. § 1326 because prior conviction for assault with intent to commit rape in violation of Cal. Penal Code §§ 220, 261(a)(2) was a forcible sex offense and thus correctly designated as “crime of violence.”
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Federal Indictment Conviction Possession Gun Violation Drugs Evidence Lawyers Attorneys
Magistrate recommended denying motion to dismiss an indictment. Although defendant had valid legal argument, that he could not be convicted of possessing a gun in violation 18 U.S.C.S. § 924(c)(1) based on his receipt of gun as payment drugs, government was entitled to present its case. Defendant could move for acquittal if evidence was inadequate.
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Federal Firefighter FBI Child Pornography Federal Distribution Possession Lawyers Attorneys
A former firefighter was charged yesterday in federal court with distribution and possession of child pornography following an FBI investigation.
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Federal Child Pornography Distributed File-sharing Undercover Lawyers Attorneys
According to a complaint filed Wednesday in federal court in San Diego, Lee distributed child pornography through file-sharing programs to undercover FBI agents.
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