Topic
Every decision we've filed under Sentencing Guidelines.
The Eighth Circuit affirmed the sentences imposed on Alexander Evans for receipt of child pornography and the revocation of his supervised release. The court found no abuse of discretion in the district court's sentencing decisions and granted counsel's motion to withdraw under Anders v. California.
The Tenth Circuit dismissed the appeal of a defendant convicted of unlawful reentry after appointed counsel filed an Anders brief asserting the appeal was frivolous.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction and sentence of a physician accused of health care fraud. The court found sufficient evidence that the defendant knowingly participated in a conspiracy to defraud Medicare by signing prescriptions without examining patients.
The Tenth Circuit affirmed a 156-month prison sentence for a defendant convicted of child sex trafficking conspiracy. The court found the district court's upward variance from the sentencing guidelines was not substantively unreasonable given the defendant's history of violence and obstruction of justice.
The Eleventh Circuit affirmed the denial of a minor-role adjustment but vacated a sentence due to an improper sophisticated-laundering enhancement. The court held that the district court erred by applying the enhancement based on generalized conspiracy conduct rather than individualized findings.
The United States Court of Appeals for the Fifth Circuit affirmed a thirty-six-month prison sentence for a defendant convicted of drug trafficking and firearm offenses. The court rejected the defendant's arguments that the district court failed to adequately explain the sentence or clearly erred in balancing sentencing factors.
The Eighth Circuit affirmed the defendant's convictions for simple assault and felon in possession of a firearm but vacated his sentence due to a sentencing error. The court held that the district court plainly erred by applying a sentencing enhancement based on conduct for which the defendant had been acquitted.
The Eighth Circuit affirmed a federal sentence for cyberstalking, rejecting the defendant's claim that the district court violated the Tapia rule by considering rehabilitation. The court held that the sentencing judge imposed an upward variance primarily for public protection and deterrence, not to promote the defendant's rehabilitation.
The Eighth Circuit enforced an appeal waiver contained in a plea agreement and dismissed the defendant's challenge to his sentence. The court rejected the argument that the district court's failure to explain its sentencing rationale constituted a miscarriage of justice.
The Eighth Circuit affirmed a district court sentence below the United States Sentencing Guidelines range. The court found no abuse of discretion and identified no non-frivolous issues for appeal.