Topic
Every decision we've filed under Sentencing Guidelines.
The Fourth Circuit affirmed a 408-month sentence for Antonio Rashaad Dovine, ruling that the district court's resentencing was procedurally and substantively reasonable. The court also remanded the case to correct a clerical discrepancy in the amended judgment regarding special conditions of supervision.
The Ninth Circuit affirmed a 96-month sentence for a felon in possession of a firearm, rejecting claims that the district court committed procedural errors by departing from sentencing guidelines. The court held that judges are not required to incrementally move through criminal history categories and that such factors are properly considered within the ultimate reasonableness analysis.
The Eighth Circuit affirmed the revocation of supervised release and a 12-month sentence, ruling that the district court did not clearly err in finding drug use and new law violations based on witness testimony. The court further held that the sentence was substantively reasonable given the defendant's refusal to take responsibility for his actions.
The Seventh Circuit affirmed Glenn Wooden's conviction and sentence, rejecting his novel argument that the Controlled Substances Act criminalizes only specific optical isomers of methamphetamine. The court held that federal law prohibits all forms of the drug regardless of molecular composition, rendering the government's expert testimony on purity sufficient.
The First Circuit affirmed Michael Mao's 121-month sentence, rejecting his challenge that his prior Virginia firearm-robbery conviction did not constitute a crime of violence. The court also held that his argument regarding conspiracy as a controlled substance offense is foreclosed by binding circuit precedent.
The Eleventh Circuit affirmed the district court's denial of Derek Dixon's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2), ruling that the trial court properly exercised its discretion to reject the request despite a lowered guideline range. The appellate court found no abuse of discretion given the extreme violence of Dixon's crimes and his prior agreement that the maximum term was reasonable under § 3553(a).
The Eleventh Circuit affirmed Undray Lamond Lowery's 120-month sentence for felon-in-possession of a firearm, rejecting claims that the sentence was procedurally or substantively unreasonable. The court held that even if the district court erred in applying a four-level sentencing enhancement, the sentence remained reasonable because it fell well below the statutory maximum and the record reflected a proper consideration of the statutory factors.
The Tenth Circuit affirmed Jerry Lana Freeman's 224-month sentence, ruling that the district court did not clearly err in relying on co-conspirator statements to calculate drug quantity. The court held that the Presentence Report's eight-kilogram estimate was supported by sufficient evidence, including the defendant's own admissions and corroborating testimony.
The Sixth Circuit affirmed Ricky House's 96-month sentence, ruling that his challenge to the large-capacity-magazine enhancement was forfeited because he invited the error by stipulating to its application below. The court further held that the district court adequately considered House's policy arguments regarding the enhancement when imposing a below-Guidelines sentence.
The Fourth Circuit affirmed the denial of Joseph Bourabah's motions to substitute counsel and withdraw his guilty plea, finding no abuse of discretion in the district court's handling of the requests. The court upheld a 100-month sentence for a severe cyberstalking campaign, ruling that the district court properly applied upward departures for the extreme psychological injury inflicted on the victims.