Topic
Every decision we've filed under Sentencing Guidelines.
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 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 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.
The Third Circuit affirmed Jerome Brown's conviction and sentence, ruling that while the District Court improperly participated in plea negotiations, the error was harmless. Brown failed to demonstrate that the judicial interference violated his substantial rights or resulted in a heavier sentence than he would have otherwise accepted.
The Seventh Circuit affirmed a defendant's sentence after he failed to object to a revised sentencing guideline calculation that applied a higher drug conversion ratio to THC-infused edibles. The court held that the district court acted within its discretion to permit a late government objection to the presentence report and that the defendant waived his substantive argument regarding the conversion ratio by agreeing to the revised calculation.
The Sixth Circuit affirmed LaVaughn Odom's 192-month sentence for drug trafficking and firearm offenses, ruling that the district court did not commit procedural or substantive error. The court held that the sentence was reasonable despite being below the U.S. Sentencing Guidelines range.
The Sixth Circuit affirmed Emory Day's conviction for distributing and possessing child pornography, ruling that the search warrant was supported by probable cause. The court further held that the evidence was sufficient to link the devices containing the illegal images to Day and that the sentencing enhancement was properly applied.