Topic
Every decision we've filed under Guidelines Departure.
The First Circuit affirmed the sentence of a registered sex offender convicted of attempting to entice a minor and transfer obscene material, rejecting claims of prosecutorial misconduct, ineffective assistance of counsel, and substantive unreasonableness.
The Eleventh Circuit affirmed the denial of a motion for compassionate release filed by a defendant convicted of firebombing. The court held that the defendant's youth at the time of the offense and his rehabilitation while incarcerated did not constitute extraordinary and compelling reasons for sentence reduction.
The United States Court of Appeals for the Fourth Circuit affirmed an eighty-month prison sentence for a convicted felon found in possession of a firearm. The court held that the district court did not abuse its discretion in upwardly departing from the Sentencing Guidelines based on the defendant's serious uncounted criminal history.
The Fifth Circuit affirmed the denial of a federal prisoner's motion to reduce his sentence under the Sentencing Guidelines. The court held that the defendant was ineligible for a reduction because the district court did not base the original sentence on the amended guidelines range.
The Eleventh Circuit affirmed a one hundred ninety month sentence for carjacking and firearm use. The court held the district court did not abuse its discretion in weighing mitigating factors against the defendant's violent history.
The Ninth Circuit affirmed the denial of a defendant's motion for a sentence reduction under the Sentencing Guidelines. The court held that departures from the original guideline range are not included when calculating the amended guideline range for eligibility purposes.
The First Circuit affirmed the convictions and sentences of a former mayor of Guaynabo, Puerto Rico, for conspiracy to commit federal-program bribery, federal-program bribery, and extortion under color of official right.
The United States Court of Appeals for the Fourth Circuit affirmed the sentence of a defendant convicted of drug-distribution conspiracy. The court found no reversible error in the district court's drug-quantity findings, role-in-the-offense enhancement, or denial of an acceptance-of-responsibility adjustment.
The United States Court of Appeals for the Tenth Circuit affirmed a 42-month prison sentence for illegal re-entry, rejecting the defendant's claim that the sentence was substantively unreasonable despite the advisory Guidelines range being significantly lower.
The Sixth Circuit affirmed a 151-month sentence for drug distribution, rejecting the defendant's claim that the district court gave undue weight to his extensive criminal history.