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State of Ohio v. Ricardo Woods
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The State of Ohio charged Ricardo Woods, age 35, with murder with specification in violation of 2903-02A and B, felonious assault with specification in violation of 2903-11A1 of the Ohio statutes; having weapons while under disability in violation of 2923-13A2 of the Ohio statutes and having weapons while under disability in violation of 2923-13A3 of the Ohio statutes in conjunction with the shooi... More... $0 (05-18-2013 - OH)
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United States of America v. Robby Ray Harris
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The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More... $0 (05-15-2013 - OK)
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State of Oklahoma v. Scott Christopher Edwards
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The State of Oklahoma charged Scott Christopher Edwards, age 31, with first-degree murder in violation of 21 O.S. 701, first-degree manslaughter in violation of 21 O.S. 711-723 and accessory after the fact in violation of 21 O.S. 173 in conjunction with the death of Rickey Dean McClain, age 54, who was shot to death in his residence in Sapulpa, Oklahoma on April 15, 2012. The State claimed that De... More... $0 (05-14-2013 - OK)
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United States of America v. James Paul Wright
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The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in ... More... $0 (05-13-2013 - OK)
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Jose J. Loera, Jr. v. United States of America
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The petitioner, Jose Loera, asks us to set aside his conviction on the ground that his trial lawyer had been ineffective. See 28 U.S.C. § 2255. Loera had been indicted back in 2005 on drug charges. In response to a motion to suppress, the judge had forbidden the government to offer evidence of what the petitioner had told DEA agents after he allegedly asked for a lawyer. After repeated continuanc... More... $0 (05-07-2013 - IN)
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State of Oklahoma v. Deangelo Jerome Smith
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The State of Oklahoma charged Deangelo Jerome Smith, age 23, with first-degree murder in violation of 21 O.S. 701.7; first-degree burglary in violation of 21 O.S. 1431; robbery with a firearm in violation of 21 O.S. 801 in conjunction with the drug related death of Michael Lee Joseph, age 23, on July 26, 2011 at his home in the 4300 block of East Oklahoma Street in Tulsa, Oklahoma. The State alle... More... $0 (05-07-2013 - OK)
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United States of America v. Melvin David Towns, Jr.
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Melvin Towns (âTownsâ) challenges his conviction and sentence for conspiracy to manufacture methamphetamine and conspiracy to possess and distribute pseudoephedrine in violation of 21 U.S.C. § 846. He argues primarily that some of the evidence against himâpseudoephedrine purchase logsâwas introduced in violation of the business records exception to the hearsay rule and the Sixth Amendment... More... $0 (05-01-2013 - TX)
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United States of America v. Douglas Stebbins, Jr.
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On his plea of guilty to one count of possession of a firearm by a convicted felon, the district court sentenced appellant, Douglas Stebbins, Jr., to 120 months of imprisonment. We affirm the sentence.
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During his plea colloquy, Stebbins gave only a limited account of the conduct that led to his conviction. He agreed that on January 28, 2008, police officers stopped his ca... More... $0 (05-01-2013 - ME)
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United States of America v. Carlos Robert Rodas
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Carlos Roberto Rodas appeals his conviction for drug trafficking offenses, raising various evidentiary and constitutional arguments in support of reversal. The appeal comes to us as a companion to United States v. Figueroa, Nos. 11-1701, 11-1702, 2013 WL 388110 (1st Cir. Jan. 30, 2013). Like its recent predecessor, this case raises no substantial issue, and the conviction will be affirmed with co... More... $0 (05-01-2013 - RI)
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United States of America v. Ivy T. Rucker
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Following a three-day jury trial, Ivy T. Tucker was found guilty of conspiracy to distribute more than one kilogram of heroin in violation of
2 No. 12-1281
21 U.S.C. §§ 841 (a)(1) and (b)(1)(A). Tucker was sentenced to 480 monthsâ imprisonment, followed by five years of supervised release. On appeal, Tucker argues he was denied a fair trial because of misconduct by the prosecutor... More... $0 (04-30-2013 - WI)
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United States of America v. Hipolit Diaz-Arias
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Following a four-day jury trial, Defendant-Appellant HipĂłlito DĂaz-Arias was found guilty of conspiring to distribute cocaine, in violation of sections 841(a)(1) and 846 of Title 21 of the United States Code. He received a sentence of 120 months' imprisonment to be followed by a supervised release term of five years. DĂaz-Arias now appeals his conviction and sentence, claiming that the distric... More... $0 (04-29-2013 - MA)
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Michael Sylvain v. Attorney General of the United States
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Statutory language is important. It takes on added significance when a personâs freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials âshall take into custody anyâ deportable alien who has committed various crimes âwhen the alien is re-leasedâ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a... More... $0 (04-25-2013 - NJ)
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United States of America v. Paul R. Gunter
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The United States of America charged Paul R. Gunter, age 64, with conspiracy to defraud the United States, frauds and swindles, fraud by wire, radio or television, attempted and conspiracy to commit mail raud, fraud by wire, radio or television, money laundering, postal, interstate wire, radio, etc., in interstate commerce in violation 18 U.S.C. 1341.F, 18 U.S.C. 1343.F, 18 U.S.C. 1348.F, 18 U.S.C... More... $0 (04-19-2013 - FL)
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United States of America v. Geleal Garcia-Gonzalez
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Beleal Garcia-Gonzalez (âGarciaâ) appeals his conviction and sentence of 360 months of imprisonment and $600 in assessment fees, challenging: (1) the propriety of a supplemental jury instruction and the sufficiency of the evidence in support of his jury convictions on three counts of child sex trafficking; (2) the calculation of his sentence under the U.S. Sentencing Guidelines; and (3) three ... More... $0 (04-17-2013 - TX)
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United States of America v. Mi Sun Cho
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Defendant-appellant Mi Sun Cho was convicted by a jury in the United States District Court for the Southern District of New York (Kimba M. Wood, Judge) of one count of conspiring to violate sex trafficking laws in violation of 18 U.S.C. §§ 2241 and 2422 and two substantive sex trafficking counts in violation of 18 U.S.C. §§ 2241 and 2. Cho raises several challenges to her conviction. First, sh... More... $0 (04-16-2013 - NY)
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Spacecon Specialty Contractors, LLC v. Richard Bensinger
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Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensingerâs motion for summary judg... More... $0 (04-16-2013 - CO)
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United States of America v. Christopher Lucero
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Christopher Lucero appeals the district courtâs denial of his motion to reduce his sentence, which he filed pursuant to 18 U.S.C. § 3582(c)(2). Lucero, who was sentenced before the effective date of the Fair Sentencing Act (FSA), asserts that the district court erred in failing to apply the FSA and its current statutory mandatory minimum sentencing scheme retroactively to reduce his sentence fo... More... $0 (04-16-2013 - NM)
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United States of America v. Monte R. Betche
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The United States of America charged Monte R. Betche, age 49, with four counts of receipt and attempted receipt of child pornography in violation of 18 U.S.C. 2252. An examination of Betche's computer revealed the presence of 243 computerized images and six videos depicting child pornography. The probable caused to search the computer resulted from an investigation of the hacking of a computer se... More... $0 (04-13-2013 - OK)
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United States v. Douglas Suing
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Law enforcement searched computer hard drives found in Douglas Suing's vehicle and residence and discovered child pornography. After being charged with three violations of federal child pornography laws, Suing entered a conditional guilty plea to one count of producing and manufacturing child pornography in violation of 18 U.S.C. § 2251(a), preserving his right to appeal the district court's1 den... More... $0 (04-10-2013 - NE)
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Richard Andrew Wetmore v. The State of Texas
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A jury found appellant, Richard Andrew Wetmore, guilty of the offense of possession with intent to deliver methamphetamine weighing more than four grams
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but less than two hundred grams,1 and the trial court assessed his punishment at confinement for forty years.2 In three issues, appellant contends that the trial erred in denying his motion to suppress evidence, denying his motion ... More... $0 (04-09-2013 - TX)
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State of Oklahoma v. Joshua Dontray Duffy
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The State of Oklahoma charged Joshua Dontray Duffy, age 24, with first-degree murder in violation of 21 O.S. 701.7 and use of a vehicle in discharge of a weapon in violation of 21 O.S. 652, in conjunction with teh death of Dontay Duckett, age 19, who was shot to death on October 31, 2011 in what authorities claimed was a gang related drive-by shooting in North Tulsa, Oklahoma. They also claimed t... More... $0 (04-08-2013 - OK)
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Rob Leonard Greer v. The State of Texas
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Appellant Rod Leonard Greer was charged by indictment with two counts of possession of cocaine with intent to deliver in an amount more than one gram but less than four grams. Greer pleaded guilty to both indictments, and his punishment was assessed at eight yearsâ confinement in each case. The trial court probated the sentences and imposed conditions of community supervision. In three appellate... More... $0 (04-05-2013 - TX)
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State of Oklahoma v. Vysean Leondre Embry
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The State of Oklahoma charged Vysean Leondre Embry, age 29, with first-degree murder in violation of 21 O.S. 701.7 in conjunction with the shooting death of Allen W. George, age 31, on August 9, 2011 in Tulsa County, Oklahoma. The charges against Embry were filed and then dismissed by the State before being re-filed in October 2011.
The State alleged that Embry shot George during an effo... More... $0 (04-05-2013 - OK)
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United States of America v. James Howard Burns, Sr.
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United States of America charged James Howard Burns, Sr., age 65, with possession and attempted possession of child pornography in violation of 18 U.S.C. 2252 and Receipt of Child Pornography in violation of 18 U.S.C. 2252 in conjunction with the possession by him of 9,400 photographs including pictures of children being subjected to sadistic conduct for the collector's sexual gratification and 14... More... $0 (04-05-2013 - OK)
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Jose Eduardo Orozco a/k/a Jose Martinez Orozco v. The State of Texas
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Jose Orozco appeals from the trial courtâs judgment convicting him of unlawful possession of cocaine in an amount of four grams or more, but less than two hundred grams, with intent to deliver, and sentencing him to 30 yearsâ imprisonment.1 In a single issue, Orozco contends that the trial court erred by denying his motion to suppress evidence found pursuant to a search warrant because the sea... More... $0 (04-04-2013 - TX)
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