Topic
Every decision we've filed under Sentencing Guidelines.
The Fifth Circuit dismissed Daniel Thomason Smith's appeal as frivolous because he had not yet served the ten-year minimum sentence required for compassionate release under U.S.S.G. § 1B1.13(b)(6). The court further held that the district court did not abuse its discretion in denying relief based on the nature of the offenses and the defendant's criminal history.
The Fifth Circuit affirmed a conviction for illegal reentry where the defendant challenged a statutory sentencing enhancement. The court held that the defendant's constitutional argument was foreclosed by the Supreme Court's decision in Almendarez-Torres.
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 Seventh Circuit affirmed a 84-month prison sentence for a felon in possession of a firearm, rejecting claims that the district court committed procedural error or imposed a substantively unreasonable sentence on remand. The court held that the judge properly relied on the defendant's boastful jail call and extensive criminal history to justify an above-Guidelines sentence, even after agreeing that evidence was insufficient to prove he fired a weapon.
The Sixth Circuit affirmed Mohammed Al-Abadi's twenty-four-month prison sentence for trafficking in counterfeit airbags and recklessly transporting hazardous materials. The court rejected Al-Abadi's challenge to the sentence's reasonableness, finding the district court properly calculated the Guidelines range and applied special supervised release conditions.
The Sixth Circuit affirmed Denico Hudson's 108-month sentence for distributing machinegun conversion devices to gang members involved in shootings and drug trafficking. The court rejected Hudson's arguments that the district court erred in applying sentencing enhancements for the quantity of devices sold and their connection to other felonies.
The Sixth Circuit affirmed an 84-month prison sentence for a convicted felon who illegally possessed firearms and ammunition. The court rejected the defendant's arguments that his sentence was procedurally or substantively unreasonable, finding the district court properly applied sentencing enhancements and weighed mitigating factors.
The Eleventh Circuit affirmed a 168-month sentence for firearm possession by a convicted felon, rejecting claims that the sentence was procedurally or substantively unreasonable. The court held that the district court did not clearly err in finding the defendant contributed to his girlfriend's death during a high-speed chase and that the upward variance was justified under the abuse-of-discretion standard.
The Eleventh Circuit dismissed Juan Sebastian Perez's appeal of his 360-month sentence because he signed a knowing and voluntary plea agreement containing an enforceable waiver of his right to appeal. The court found the waiver barred Perez's challenge to the sentence's reasonableness and the district court's consideration of sentencing factors.
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.