Topic
Every decision we've filed under Sentencing Guidelines.
The Eleventh Circuit affirmed a 128-month sentence for drug trafficking, rejecting arguments that the drug mixture was not marketable as fentanyl. The court also found the sentence substantively reasonable given the defendant's guideline range and criminal history.
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.
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.
The Ninth Circuit affirmed a 120-month federal sentence for a defendant who possessed a handgun while kidnapping and beating a domestic partner. The court held that the government met its burden to show the firearm facilitated the underlying felonies through the defendant's threats and constructive possession.
The Eighth Circuit affirmed Velma Taper's sentence for fraud offenses after reviewing the district court's ruling. The court granted counsel's motion to withdraw under Anders v. California, finding no non-frivolous issues for appeal.
The Tenth Circuit dismissed an appeal from a supervised release revocation and granted counsel's motion to withdraw after finding all potential arguments frivolous. The court affirmed that the district court's findings of assault and no-contact violations were supported by a preponderance of the evidence.
The Eleventh Circuit vacated a district court's denial of a compassionate release motion because the lower court failed to apply the correct standard for determining if a defendant is the only available caregiver. The court held that this determination requires a fact-intensive inquiry into whether any other person is qualified and free to provide care.
The Eleventh Circuit affirmed the denial of Jonathon Howard Beck's habeas motion, ruling that the record conclusively showed he received effective assistance of counsel. The court held that Beck's sworn statements during his plea colloquy created a formidable barrier to his claim that he did not understand his mandatory minimum sentences.
The Eleventh Circuit affirmed the denial of a motion for sentence reduction after determining the appeal raised no non-frivolous issues. The court granted counsel's motion to withdraw under Anders v. California, leaving the original 96-month sentence in effect.
The Fifth Circuit affirmed a 60-month prison sentence for a wire fraud conspiracy, ruling that the defendant failed to prove plain error regarding a sentencing enhancement for substantial financial hardship. The court further held that the district court did not abuse its discretion in imposing an above-Guidelines sentence based on the victims' advanced age.