6 results for 'cat:"Sentencing" AND cat:"Escape"'.
J. Hamilton finds that the lower court properly sentenced defendant for being a felon in possession of a firearm. While defendant was a passenger in the car that recklessly fled from police, the driver testified that he directed the driver to continue fleeing, supporting the enhancement to his guideline calculation. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: March 28, 2024, Case #: 22-2715, Categories: sentencing, escape
J. Felix finds the trial court properly convicted defendant for murder, criminal recklessness, resisting and neglect of a dependent. Defendant, with his toddler son, attended a birthday party at his sister's residence where he engaged in an argument with her fiancé. Defendant shot the victim 18 times before fleeing with his son. The court properly prevented defendant's additional question impeaching his sister’s testimony. Defendant's claim of self-defense fails, and his sentence is not inappropriate considering the nature of the offenses, regardless of his lack of a criminal record. Affirmed.
Court: Indiana Court Of Appeals, Judge: Felix , Filed On: March 20, 2024, Case #: 22A-CR-3007, Categories: Murder, sentencing, escape
J. Shepherd finds a lower court properly sentenced a defendant to 84 months in prison and three years probation for being a felon in possession of a firearm. The defendant, who absconded from a residential reentry facility while serving a 60 month sentence for possession of a firearm to further a drug- trafficking offense, argued that his sentence is unreasonable based on a four-level sentencing enhancement. However, the government presented sufficient evidence in court that he committed escape felony while armed with a loaded handgun and a fanny pack of ammunition. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 27, 2023, Case #: 23-1816, Categories: Firearms, sentencing, escape
J. Pirtle finds the trial court properly applied a habitual offender sentencing enhancement on defendant’s plea-base conviction for escape. He objected to certain exhibits proving his offender status, arguing that they failed to show his pleas were voluntarily entered. He also objected that others were not entered in the original information. There was sufficient evidence shown to prove prior convictions. Whether the court erred in receiving exhibits not in the original information need not be addressed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 8, 2023, Case #: A-23-117, Categories: Evidence, sentencing, escape
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J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant’s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant’s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: sentencing, escape, Vehicle