Topic
Every decision we've filed under Sentencing Guidelines.
The Ninth Circuit affirmed a forty-month sentence for transporting aliens, rejecting claims that the district court failed to properly apply the advisory Sentencing Guidelines. The court held that the judge adequately explained the upward variance and considered statutory factors without committing procedural error.
The D.C. Circuit vacated Calvin Smith's life sentences for drug conspiracy and racketeering, finding the drug sentence exceeded statutory limits and the racketeering sentence lacked required factual findings. The court also vacated a felony murder conviction on double jeopardy grounds and remanded the case for a new sentencing hearing.
The Sixth Circuit affirmed a 21-month prison sentence for Phillip Gray, who violated supervised release conditions through repeated drug use and combative behavior. The court found no procedural or substantive error, noting the district court adequately considered Gray's psychiatric history while prioritizing public safety and the need for custodial monitoring.
The Eleventh Circuit affirmed the convictions and sentences of Andrea Mitchell and Lester Best, rejecting challenges to the sufficiency of evidence for aggravated identity theft and wire fraud. The court further upheld a four-level sentencing enhancement for Best, finding he acted as an organizer or leader of the fraudulent scheme.
The Eleventh Circuit affirmed a 600-month sentence for child pornography production and distribution, rejecting the defendant's claim that the district court failed to weigh his voluntary cessation of conduct. The court held that the permanence of the images and the need for deterrence justified the sentence within the Guidelines range.
The Third Circuit granted counsel's motion to withdraw under Anders v. California, finding that Dayakar Mallu's appeal presented no nonfrivolous issues. The court affirmed Mallu's conviction and downward-varied sentence based on the enforceability of his valid appellate waiver.
The Eleventh Circuit affirmed Rodrick Maurice Hamilton's conviction for conspiracy and attempt to commit Hobbs Act robbery following an armed shootout at a convenience store. The court rejected Hamilton's challenges to jury instructions on flight, prosecutorial comments on his silence, juror misconduct, and a sentencing Guidelines departure without notice.
The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.
The Tenth Circuit affirmed Brian Neil Wiggins's 192-month sentence, rejecting his claim that his prior Oregon second-degree assault conviction did not qualify as a crime of violence. The court held that Oregon law did not permit accomplice liability for negligence at the time of his 2008 conviction, ensuring the offense met the federal definition.
The Ninth Circuit affirmed Alma Garza's conviction for drug conspiracy and possession, ruling that a less-than-three-day warrantless detention of a mailed package was reasonable under the Fourth Amendment. The court held that investigators acted diligently and that an evidentiary hearing was unnecessary given the lack of specific factual allegations from the defense.