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Criminal Practice – Sentencing – Mitigating Factors – Failure to Consider  (access required)

At sentencing, defendant presented mitigation evidence about his family history, mental health, paternal role, and rehabilitation efforts. However, the district court mentioned only defendant’s drug addiction, and the court discussed why it wasn’t moved by defendant’s argument that addiction motivated his crimes. The district court’s failure to even acknowledge swaths of nonfrivolous mitigation evidence is ...

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