Topic
Every decision we've filed under Sentencing Guidelines.
The Fifth Circuit affirmed a twenty-four-month sentence for illegal reentry, rejecting the defendant's claim that the above-guidelines term was substantively unreasonable. The court held that the district court properly justified the upward variance based on the defendant's criminal history and other statutory factors.
The Sixth Circuit affirmed a one hundred month prison sentence for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by imposing an above-Guidelines sentence based on the defendant's pre-sentencing disciplinary conduct.
The Sixth Circuit affirmed an above-Guidelines sentence of one hundred months for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by weighing the defendant's pre-sentencing disciplinary conduct heavily in its sentencing decision.
The Eighth Circuit affirmed a wire fraud sentence and dismissed an appeal based on a valid plea agreement waiver. The court rejected an ineffective assistance claim because the record was not developed for direct review.
The Ninth Circuit vacated and remanded a drug trafficking sentence because the district court failed to make explicit factual findings on disputed presentence report objections. The appellate court also found the district court erred by not providing sufficient reasons for denying safety-valve relief.
The Ninth Circuit affirmed the conviction of a defendant charged with being a felon in possession of a firearm but vacated her sentence due to insufficient findings regarding an obstruction of justice enhancement. The court remanded the case for resentencing after determining the district court failed to make express findings on the willful intent element required for the enhancement.
The Eleventh Circuit dismissed an appeal filed by a defendant who pleaded guilty to drug trafficking offenses. The court held that a valid sentence-appeal waiver in the plea agreement barred the defendant's due process claim regarding a government witness at sentencing.
The Fifth Circuit affirmed the conviction and sentence of a defendant who pleaded guilty to transporting child pornography. The court held that a valid appellate waiver barred challenges to the prison term and supervised release, and found no plain error in the restitution calculation.
The Eighth Circuit affirmed a drug trafficking sentence after finding any alleged errors in the district court's application of sentencing guidelines were harmless. The court held that the district judge would have imposed the same sentence regardless of the defendant's objections.
The Eighth Circuit vacated a federal sentence and remanded the case due to procedural errors regarding sentencing guidelines. The court found the district court failed to explicitly address whether a state robbery conviction constituted relevant conduct to the federal firearms charge.