Posts Tagged ‘sexual assault lawyer’

Sentencing enhancement for pattern of child sexual abuse

Friday, April 19th, 2019

Child pornography sentence

Defendant pleaded guilty to accessing or attempting to access child pornography.  The District Court applied a five (5) level enhancement for “engaging in a pattern of activity involving the sexual abuse or exploitation of a minor.”  On appeal, defendant challenged the sufficiency of the evidence to establish a pattern of child sexual abuse.

Where a defendant’s presentence report established that defendant had engaged in multiple instances of sexual abuse of a child that led to a prior state conviction, it had sufficient reliability for the District Court to find a pattern of child sexual abuse.  Judgment is affirmed.

U.S. v. Horning, 18-1144, appealed from the South District of Iowa.

Minnesota Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

Reformed sentence for procedural and substantive error

Friday, April 19th, 2019

Felon in possession of a firearm

Defendant was convicted of multiple offenses and was initially sentenced to 420 months imprisonment; one of his convictions had the sentence enhanced under the ACCA.  In an initial appeal, the court vacated defendant’s sentence after concluding defendant’s predicate conviction did not qualify as a violent felony.  On remand, the court refashioned defendant’s sentence.  Defendant appealed, alleging procedural and substantive errors.

Where the trial court considered all relevant statutory factors, addressed defendant’s questions about the trial court’s reasoning for its sentence without objection and ultimately imposed a downward variance from the advisory Guidelines, it did not commit procedural or substantive error in sentencing.  Judge is affirmed.

U.S. v. Morris, 17-2979, appealed from the District of Minnesota, Colloton, J.

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

Felon in possession of a firearm

Thursday, April 18th, 2019

Armed Career Criminal Act Enhancement and a predicate crime of violence

Defendant pleaded guilty to being a felon in possession of a firearm.  At sentencing, the trial court sentenced defendant to the statutory minimum sentence under the Armed Career Criminal Act.  On appeal, defendant challenged the ACCA enhancement.

Where defendant’s predicate kidnapping conviction listed only alternative means to commit kidnapping, some of which did not involve the use of force, the statute was indivisible and could not constitute a predicate crime of violence for an ACCA enhancement.  Judgment is reversed and remanded.

U.S. v. Coleman, 18-2400, appealed from the Eastern District of Arkansas, Kelly, J.

Minnesota Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

Exaggeration of criminality?

Wednesday, April 17th, 2019

Sentence for brutal rape and robbery of multiple victims

Defendant participated in a brutal rape and robbery involving multiple victims.  He pleaded guilty and was sentenced in accordance with his plea agreement.  Defendant sought reduction of his sentence because he claimed that it unduly exaggerates the criminality of his conduct.  Based upon the strong evidence supporting his participation in the commission of these brutal crimes, the Minnesota Court of Appeals concluded that defendant failed to establish that his sentence unfairly exaggerated the criminality of his conduct.  Affirmed.

State v. Vann, A18-1005, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Sentencing

Tuesday, April 16th, 2019

Downward sentencing departure in 1st degree burglary with assault case

The State challenged the trial court’s grant of defendant’s motion for a downward dispositional departure in sentencing for first degree burglary while committing assault, arguing that defendant was not particularly amenable to probation.  Noting that remorse was a permissible offender related factor to consider in granting a dispositional departure, the Minnesota Court of Appeals concluded that the trial court’s reasons were sufficient to support the downward dispositional departure and the court did not abuse its discretion when it stayed execution of defendant’s sentence.  Affirmed.

State v. Scott, A18-1745, Sherburne  County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

2nd degree gross misdemeanor DWI

Sunday, April 14th, 2019

Minnesota DWI Attorney Lynne Torgerson obtains house arrest on 2nd degree gross misdemeanor DWI

Ms. Torgerson represented a client on a 2nd degree gross misdemeanor DWI.  The client’s blood alcohol concentration tested at a .25 on the Datamaster.  The client had one (1) prior DWI within 10 years.  This resulted in two (2) prior aggravated factors, thus enhancing the case from a 3rd degree DWI to a 2nd degree DWI.  Notwithstanding, on her client’s behalf, Ms. Torgerson worked out a plea agreement where her client received zero (0) jail time; only house arrest.  Well done Ms. Torgerson!

10 Best Attorneys for Client Satisfaction awarded to Criminal Defense Attorney Lynne Torgerson

Sunday, April 14th, 2019

Lynne Torgerson awarded 10 Best Attorneys for Client Satisfaction 2016 to 2019

Criminal Defense Attorney Lynne Torgerson has been awarded 10 Best Attorneys for Client Satisfaction for years 2016 to 2019, by the American Institute of Criminal Law Attorneys!

Well done Ms. Torgerson!

Plain view

Saturday, April 13th, 2019

Warrantless searches

Defendant challenged the trial court’s denial of his motion to suppress, arguing that the plain view exception did not justify the officer’s search of his vehicle and that he was subjected to an unlawful search incident to arrest.  The Minnesota Court of Appeals concluded that the initial stop of defendant, based on the mistaken belief that he was the person named in a warrant, was reasonable.  Furthermore, the officer’s vehicle was justified under the plain view exception to the warrant requirement.  Affirmed.

State v. Stuckey, A18-0470, Hennepin County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

Expungement of 3rd degree DWI obtained by Expungement Lawyer Lynne Torgerson

Sunday, April 7th, 2019

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of 3rd degree DWI out of the County of Washington

Criminal Defense Lawyer Lynne Torgerson obtained expungement of a 3rd degree, gross misdemeanor DWI out of the City of Grant, County of Washington, State of Minnesota.  The defendant’s case was from the year of 2003.  He had turned his life around and been leading a law abiding life.  The expungement was needed for employment purposes.

Well done Ms. Torgerson!

Kanabec County declines prosecution in criminal sexual conduct investigation after Criminal Defense Attorney Lynne Torgerson intervenes

Sunday, April 7th, 2019

Criminal Defense Attorney Lynne Torgerson obtains a “declined prosecution” in criminal sexual conduct investigation

Not infrequently, my office is contacted for “pre-charge investigation” representation.  This is most common in criminal sexual conduct investigations.  Criminal sexual conduct charges are amongst the most serious types of cases.

It is important to immediately hire a good, experienced criminal defense lawyer if there is even an inkling of a criminal sexual conduct investigation.  A person needs to invoke their Fifth Amendment rights of the United States Constitution to remain silent and to counsel before making any statement to police authorities.  Please note, the police want to get you into the police station for a statement, before you hire counsel, so they will frequently ask you to come in “to get your side of the story” that day.  Do not go in!  Our constitutional rights were promulgated for our benefit and protection so you need to invoke them.  And no, it does not cause greater suspicion.  To the contrary, it shows wisdom.  This constitutional protection is for the innocent and guilty alike.  Your statement could be misunderstood or misconstrued.  Immediately contact Criminal Defense Lawyer Lynne Torgerson (612) 339-5073 for representation!

Lynne Torgerson was retained to intervene in a criminal sexual conduct investigation which originated out of Kanabec County.  A mother of a female and/or the female had accused a young man of sexual assault, which he denied.  The mother of the female would harass the young man’s family, threatening prosecution.  After a good amount of time had passed, Ms. Torgerson was retained for representation.  After Ms. Torgerson’s intervention, Kanabec County informed Ms. Torgerson that the Kanabec County Attorney’s Office had declined prosecution.  It was very kind for Kanabec County to issue such information, because it brings great peace of mind to the accused and his family, and this information is rarely released.

Well done Ms. Torgerson!


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