Topic
Every decision we've filed under Sentencing Guidelines.
The Eleventh Circuit affirmed the convictions and sentences of three defendants involved in a large-scale credit card fraud scheme. The court rejected challenges regarding evidence sufficiency, the reasonableness of sentences, and a sentencing enhancement for managerial roles.
The Eleventh Circuit summarily affirmed Tavio McNeary's conviction for felon-in-possession, rejecting his challenge to the sentencing enhancement based on a prior marijuana conviction. The court held that binding precedent requires applying state law to define a controlled substance offense, even when the substance is no longer controlled under federal law.
The Eleventh Circuit affirmed the denial of Leoncio Perez's motion for compassionate release, ruling that his advanced age and medical conditions did not constitute extraordinary and compelling reasons for sentence reduction. The court held that the district court properly weighed the sentencing factors under 18 U.S.C. § 3553(a) and found Perez's history and the nature of his offenses precluded leniency.
The Tenth Circuit affirmed Fei Xie's conviction and 120-month sentence, ruling that the district court properly admitted witness testimony and an organizational chart under the Federal Rules of Evidence. The court further held that Xie's role in financing and managing the drug trafficking organization justified the application of the organizer/leader sentencing enhancement.
The Eleventh Circuit affirmed a 46-month prison sentence for illegal reentry after removal, rejecting arguments that a sentencing enhancement for a post-removal DUI was applied in error. The court held that the enhancement was proper under the Sentencing Guidelines and that the sentence was substantively reasonable given the defendant's history of impaired driving.
The Fifth Circuit affirmed the district court's denial of Enoch Buckley's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The court held that Buckley failed to demonstrate an abuse of discretion because his arguments regarding sentencing disparities were mere conjecture.
The Eleventh Circuit affirmed Arthur Young's 168-month sentence for felon in possession of a firearm, rejecting all five sentencing enhancement challenges. The court held that the district court properly applied the Sentencing Guidelines and that the sentence was substantively reasonable given the danger Young posed to society.
The First Circuit affirmed a fifty-seven-month sentence for conspiracy to traffic firearms, rejecting the appellant's argument that the district court erred by applying a sentencing enhancement based on a co-conspirator's out-of-court statements. The court held that the district court did not abuse its discretion in determining the reliability of the co-conspirator's testimony regarding the defendant's role in the scheme.
The Eleventh Circuit affirmed Kimberly Kiehl's conviction and sentence, ruling that her prior failure to object to the magistrate judge's report waived her challenge to the voluntariness of her guilty plea. The court further held that the sentence appeal waiver was enforceable because the magistrate judge explicitly explained its scope during the plea colloquy.
The Fifth Circuit affirmed Elijah Brown's bank fraud sentence while vacating and remanding the restitution order for recalculation. The court rejected challenges to the vulnerable victim and role enhancement adjustments, finding the district court's application of the Sentencing Guidelines plausible and supported by the record.