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Tag Archives: Criminal Practice

Criminal Practice-Appeals-Sentencing (access required)

United States of America v. Thomas Baldwin. Where defendant's sentence was already at the lowest end of the applicable guidelines range, and in the absence of sufficiently extraordinary circumstances, the district court did not abuse its discretion in refusing to reduce defendant's federal sentence to account for time defendant had served on an undischarged state sentence. Affirmed.

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Criminal Practice – DWI – Defendant as Driver – Evidence – Passenger – Reckless Driving to Endanger (access required)

State v. Hensley. Even though defendant presented eyewitness testimony that, earlier on the day of the accident, defendant was a passenger on a moped, this did not negate the state's circumstantial evidence that defendant was driving the moped by the time of the accident.

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