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Monthly Archive: August 2012

August 10, 2012

Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes

In United States v. Willoughby, 653 F.3d 738 (8th. Cir. 2011), Defendant Willoughby appealed from the United States District Court for the Western District of Missouri, which designated him an armed career criminal under the Armed Career Criminals Act (ACCA), 18 U.S.C.S. § 924(e) and sentenced him to the ACCA's mandatory minimum sentence of 15 years' imprisonment. The presentence report (PSR) prepared in advance of Willoughby’s sentencing recommended that defendant be classified as an armed career criminal, pursuant to the ACCA. Defendant objected to this finding by the PSR, specifically...

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Posted in: Drug Crimes

August 7, 2012

Child Pornography Sentence Vacated

In United States v. Inman, 666 F.3d 1001; 2012 U.S. App. LEXIS 1394, The United States Court of Appeals for the Sixth Circuit vacated the sentence of defendant Brandon Inman, a federal prisoner who pleaded guilty to possession of child pornography. Inman appealed from The United States District Court for the Eastern District of Kentucky’s judgment imposing lifetime supervised release and certain conditions of that supervised release. The appellate court held that because the district court did not articulate a rationale for the...

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Posted in: Internet Crime

August 2, 2012

Pennsylvania Court Considers the Standard of Proof Required for Online Child Abuse Registry

In G.V. v. Department of Public Welfare, Caregiver G.V. appealed the order of the Pennsylvania Department of Public Welfare (DPW), Bureau of Hearings and Appeals', which adopted an administrative law judge's recommendation denying petitioner's appeal and his request to have a child abuse report against him expunged under the Child Protective Services Law, 23 Pa.C.S. §§ 6301-6386. G.V. was accused of sexually abusing his 16 year-old great niece of whom his wife and himself had custody. An investigation was...

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Posted in: Sex Crimes & Abuse Allegations