Topic
Every decision we've filed under Guidelines Departure.
The United States Court of Appeals for the Sixth Circuit affirmed the conviction and sentence of Anthony Zigler for assault with a dangerous weapon in aid of racketeering activity.
Eighth Circuit affirms criminal sentence for felon in possession of firearms after burglary during funeral.
The Seventh Circuit affirmed a below-guidelines sentence for a defendant convicted of Hobbs Act robbery and brandishing a firearm. The court held that the district court adequately explained its reasoning and considered the defendant's mitigation arguments.
The Eighth Circuit dismissed an appeal by a defendant who had pleaded guilty and waived her right to challenge sentencing adjustments. The court held that the waiver covered the issues raised because the district court varied downward rather than upward.
The Ninth Circuit affirmed a district court's denial of a sentencing adjustment for a defendant involved in a liquor theft scheme. The court held that the defendant was ineligible for the adjustment because the robbery was interrupted by a 911 call rather than voluntary abandonment.
The United States Court of Appeals for the Fourth Circuit affirmed a defendant's sentence for firearm possession and witness tampering. The court held that the district court correctly calculated the base offense level and did not abuse its discretion in rejecting the defendant's arguments for a downward departure.
The Fifth Circuit affirmed a federal sentence where the district court counted a state-expunged marijuana conviction toward the defendant's criminal history score. The court held that the expungement did not qualify for exclusion under the Sentencing Guidelines because it was not based on innocence or legal error.
The Fifth Circuit affirmed a sentence where the district court granted a substantial assistance motion but imposed a within-guidelines term. The appellate court found that while the district court erred in granting the motion without departing, the error did not affect the defendant's substantial rights.
The Eleventh Circuit affirmed the conviction and sentence of a defendant who managed an international enterprise producing and distributing child sexual abuse material. The court held that the images depicted lascivious exhibitions of minors' genitals and pubic areas, and that the district court properly considered sentencing statistics without violating due process.
The Eighth Circuit affirmed a wire fraud conviction and sentence after the defendant failed to show a fair and just reason for withdrawing his guilty plea. The court also rejected the defendant's claim that his sentence was substantively unreasonable given the significant downward variance already granted.