Topic
Every decision we've filed under Sentencing Guidelines.
The Eleventh Circuit held that while a judge's determination of ACCA predicate offenses violated the defendant's right to a jury trial under Erlinger, the error was harmless. The court affirmed the sentence because the eighteen-year gaps between the crimes made it impossible for them to have occurred on the same occasion.
The Tenth Circuit affirmed Brian Keith Mays's sentence, rejecting his claim that denying a sentencing reduction for acceptance of responsibility violated his Sixth Amendment right to a jury trial. The court held that the Sentencing Guidelines do not impermissibly penalize defendants for exercising trial rights when those defendants fail to demonstrate genuine remorse.
The Fourth Circuit affirmed the revocation of Gregory Largent's supervised release and his 18-month prison sentence, rejecting his claim that the district court erred by modifying a contact condition without a separate hearing. The court held that Largent failed to demonstrate plain error, as he had counsel and an opportunity to present evidence during the proceeding.
The Fifth Circuit affirmed the denial of Joseph Gray Jr.'s motion for compassionate release, ruling that he failed to demonstrate a nonretroactive change in law affecting his culpability. The court further held that Gray did not satisfy the statutory requirement of having served at least ten years of his sentence.
The Fifth Circuit affirmed Sandra Iribhogbe Popnen's 325-month sentence for fraud and money laundering, rejecting her challenges to loss calculations and sentencing guidelines reductions. The court held that the district court properly attributed co-conspirator losses and correctly denied a reduction for acceptance of responsibility.
The Fourth Circuit affirmed a 96-month sentence for a felon in possession of ammunition, ruling that any error in applying a sentencing enhancement was harmless. The court held that the district court would have imposed the same sentence based on statutory factors regardless of the disputed Guidelines calculation.
The Fourth Circuit affirmed Vinson Thompson's Armed Career Criminal Act sentence because his challenge regarding the lack of a jury finding was procedurally barred by the plain error standard. The court concluded that while the district court erred by not advising Thompson of his right to a jury on the 'different occasions' element, the error did not affect his substantial rights given the overwhelming evidence of his criminal history.
The Fourth Circuit affirmed Xavier Holley's 40-year sentence for a failed pawn shop robbery that resulted in a clerk's death. The court rejected Holley's challenges regarding sentencing guidelines grouping, consecutive sentence authority, and ineffective assistance of counsel.
The Fourth Circuit affirmed Willie Junior Lilly's conviction and sentence, holding that his Second Amendment challenge to 18 U.S.C. § 922(g)(1) is foreclosed by binding circuit precedent. The court further rejected his sentencing argument, ruling that the district court correctly applied the Sentencing Guidelines to count his prior drug convictions.
The Eleventh Circuit affirmed an 87-month sentence for a convicted felon found in possession of a firearm, ruling that the district court properly applied sentencing guidelines and did not abuse its discretion. The court also remanded the case solely to correct a clerical error in the judgment document that incorrectly cited the Armed Career Criminal Act.