Search for: "STATE V. BENALLY"
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17 Nov 2008, 6:39 pm
Buie, No. 070258 Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a… [read post]
15 Sep 2008, 8:29 pm
Torres, No. 072331 Sentence of 188 to 235 months for possession of crack cocaine with intent to distribute is affirmed where: 1) the court did not abuse its discretion in counting both the state drug offense and the state gun offense as contributing to defendant's status as a career offender; 2) the district court was correct in finding the state gun conviction to be a "crime of violence" for career-offender purposes; and 3) district court was compelled to… [read post]
4 Sep 2007, 2:47 am
Ct. 649 (2006), denial of habeas petition by district court is affirmed where the state courts did not unreasonably apply clearly established federal law. [read post]
