Topic
Every decision we've filed under Sentencing Guidelines.
The Tenth Circuit dismissed Marlon Alonzo Smith's appeal because he failed to obtain a required certificate of appealability. The court held that Smith's motion to update his presentence report was an unauthorized second or successive habeas petition that the district court lacked jurisdiction to hear.
The Tenth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no meritorious issues. The court conducted an independent review and found the defendant's challenges to his guilty plea and sentence were wholly frivolous.
The Fifth Circuit affirmed the sentence and restitution order for a defendant convicted of PPP wire fraud conspiracy, rejecting her challenges to the loss calculation and mass-marketing enhancement. The court held that the district court acted within its discretion by relying on conservative estimates from the Presentence Report that the defendant failed to rebut with evidence.
The Ninth Circuit affirmed a defendant's enhanced sentence, holding that an Oregon conviction for attempted first-degree assault qualifies as a crime of violence under the Sentencing Guidelines. The court clarified that the force clause requires only a substantial step toward the use of physical force, distinct from the stricter probable desistance test used in other contexts.
The Fifth Circuit affirmed the sentences of a defendant convicted of drug conspiracy and supervised release violations, rejecting his claim that the district court relied on impermissible self-serving statements. The court held that the probation officer's conservative drug quantity calculation was supported by corroborating evidence and that the district court did not violate the Supreme Court's recent Esteras ruling.
The Fifth Circuit denied the petition for rehearing en banc, affirming that it remains bound by Supreme Court precedent allowing sentencing courts to consider conduct for which a defendant was acquitted. While the court expressed deep concern regarding the constitutional and fairness implications of this practice, it concluded that the specific facts of this case did not warrant a departure from binding authority.
The Tenth Circuit enforced a defendant's appeal waiver because his 24-month sentence fell within the scope of his plea agreement and did not exceed the applicable Sentencing Guidelines range. The court rejected the defendant's pro se arguments regarding the voluntariness of his plea and the nature of the offense, finding no miscarriage of justice.
The Third Circuit affirmed Charlene Marshall's conviction for conspiring to commit wire and mail fraud and laundering monetary instruments. The court found the evidence sufficient to prove she structured cash deposits from an advance-fee lottery scam and rejected her challenges to the admission of tax return evidence.
The Seventh Circuit affirmed Tommie L. Haney's sentence, finding no clear error in the district court's application of a two-level sentencing enhancement for possessing a firearm in furtherance of a drug conspiracy. The court held that intercepted communications and DNA evidence supported the finding that Haney possessed the weapon, and his alternative theories were either waived or insufficient to rebut the presumption of furtherance.
The Fifth Circuit affirmed Robert Carlos Cerrillo's conviction and sentence for unlawful firearm possession, rejecting his claim that the district court erred in applying an enhanced sentencing guideline based on attempted murder. The court further held that Cerrillo's facial constitutional challenge to the federal firearms statute was foreclosed by controlling precedent.