Topic
Every decision we've filed under Guidelines Departure.
The Sixth Circuit affirmed a 121-month prison sentence for a large-scale drug trafficker, ruling the district court properly exercised its discretion to impose an above-Guidelines sentence. The court found no procedural or substantive unreasonableness in the sentence, which was based on the defendant's leadership role and the extraordinary volume of drugs involved.
The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).
The Fifth Circuit affirmed Xavion Watts's conviction and ten-year sentence for possession of a machinegun, finding no procedural or substantive error in the district court's sentencing decision. The court also rejected Watts's unpreserved constitutional challenges to the federal machinegun ban under the Second Amendment and Commerce Clause.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Fourth Circuit affirmed Sebastian Reigle's thirty-month upward variance sentence, ruling that the district court did not abuse its discretion by implicitly addressing his disparity argument. The court held that the sentencing judge's explicit rejection of Reigle's conduct as typical satisfied the requirement to consider all non-frivolous reasons for a lower sentence.
The First Circuit affirmed the sentences and multi-million dollar forfeiture orders against the Ponzo brothers, rejecting their challenges to sentencing enhancements and the calculation of criminal proceeds. The court held that the brothers' elaborate bribery scheme involving Mass Save contractors justified the prison terms and forfeiture amounts under federal law.
The Third Circuit affirmed the revocation of Stacy Gallman's supervised release following his commission of aggravated assault and other violations. The court rejected Gallman's challenges to the sentencing conditions and the district court's reasoning, finding the record supported the imposed sentence.
The Third Circuit affirmed a 219-month prison sentence for federal carjacking and firearm charges, rejecting the appellant's challenges based on a binding appellate waiver. The court held that while an ineffective assistance of counsel claim was not barred by the waiver, it could not be adjudicated on direct appeal and must be pursued in a collateral proceeding.
The Eleventh Circuit affirmed Rodrick Maurice Hamilton's conviction for conspiracy and attempt to commit Hobbs Act robbery following an armed shootout at a convenience store. The court rejected Hamilton's challenges to jury instructions on flight, prosecutorial comments on his silence, juror misconduct, and a sentencing Guidelines departure without notice.
The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.