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Sentencing Guidelines

Every decision we've filed under Sentencing Guidelines.

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Civil 2101 Criminal 1228 Summary Judgment 471 Civil Rights - Section 1983 399 Immigration (Civil) 358 Constitutional 353 Supervised Release 289 Drug Trafficking 275 Firearms 215 Civil Rights - Employment 205 Intellectual Property 160 Qualified Immunity 153
Apr 10 2026
11th Cir. 6:23-cr-00207-CEM-LHP-1 Per Curiam

UNITED STATES OF AMERICA v. CHARLES BERNARD LONG

The Eleventh Circuit affirmed Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights. The court held that applying the correct one-frame-one-image rule would likely increase, rather than decrease, the total image count, meaning no prejudice existed.

Child Sexual Abuse Material Criminal Sentencing Guidelines
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Apr 10 2026
11th Cir. 1:22-cr-20438-RNS-4 Per Curiam

UNITED STATES OF AMERICA v. YANDREY NEGRIN ROJAS

The Eleventh Circuit affirmed a 97-month prison sentence for migrant smuggling, ruling that the district court did not violate the Sixth Amendment by considering acquitted conduct to apply sentencing enhancements. The court held that under binding precedent, acquitted conduct may be used at sentencing if proven by a preponderance of the evidence.

Criminal Sentencing Guidelines
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Apr 10 2026
11th Cir. 6:23-cr-00207-CEM-LHP-1 Per Curiam

UNITED STATES OF AMERICA v. CHARLES BERNARD LONG

The Eleventh Circuit affirmed a 78-month sentence for child pornography possession, ruling that a sentencing error regarding video image counts did not affect the defendant's substantial rights. Although the district court incorrectly applied a rule counting each video as 75 images, the correct legal standard would likely have resulted in an even higher image count.

Child Sexual Abuse Material Criminal Sentencing Guidelines
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Apr 9 2026
11th Cir. 6:24-cr-00192-GAP-LHP-1 Per Curiam

UNITED STATES OF AMERICA v. EDWIN RIVERA

The Eleventh Circuit affirmed Edwin Rivera's 48-month sentence for theft of government property, ruling that the district court properly considered his lack of remorse and the seriousness of the offense. The court held that the district court did not commit procedural or substantive errors in its sentencing analysis.

Criminal Sentencing Guidelines
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Apr 8 2026
10th Cir. 5:21-CR-00028-F-1) Panel Decision

UNITED STATES OF AMERICA v. JOHN MIGUEL SWAN

The Tenth Circuit affirmed John Miguel Swan's conviction and 120-month sentence for possessing ammunition as a convicted felon. The court held that Swan's Second Amendment challenge was barred by the law-of-the-case doctrine and that the district court did not abuse its discretion in imposing an upward variance based on his history of domestic violence.

Criminal Drug Trafficking Sentencing Guidelines Sixth Amendment - Ineffective Assistance of Counsel
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Apr 8 2026
9th Cir. 2:22-cr-00597-RGK-1 Unpublished

UNITED STATES OF AMERICA v. JOSE MANUEL PEREZ

The Ninth Circuit affirmed the denial of a defendant's second request for substitute counsel but reversed the denial of a third request due to the district court's failure to conduct a required inquiry. The court also vacated the defendant's sentence because the district court incorrectly applied the Sentencing Guidelines regarding what constitutes a crime of violence.

Criminal Firearms Sentencing Guidelines
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