Topic
Every decision we've filed under Sentencing Guidelines.
The Seventh Circuit granted appointed counsel's motion to withdraw, finding the defendant's appeal regarding the revocation of his supervised release to be frivolous. The court affirmed the district court's decision because the defendant waived key objections and the evidence supported the finding of domestic battery.
The Eighth Circuit affirmed the sentence imposed on Rosco Demar Lewis for drug offenses. The court granted counsel's motion to withdraw after finding no non-frivolous issues for appeal.
The Eleventh Circuit established a new standard for compassionate release, requiring inmates to prove that no other person is both qualified and free to care for an incapacitated family member. Applying this rule, the court affirmed the denial of Rufino Robelo-Galo's petition because his son was found to be an available alternative caregiver.
The Eighth Circuit affirmed a below-Guidelines sentence imposed on a defendant convicted of a drug offense. The court granted counsel leave to withdraw after finding no non-frivolous issues for appeal.
The Seventh Circuit affirmed the revocation of Erik Harbin's supervised release and his 15-month prison sentence, rejecting his claim that the district court improperly relied on his original offense's seriousness. The court held that the district judge's references to the original crime were permissible context for a breach-of-trust rationale rather than prohibited retribution.
The Eleventh Circuit affirmed the denial of Malachi Mullings's motion to withdraw his guilty plea, rejecting his claim that his attorney coerced him into pleading. The court also upheld his 120-month sentence, finding no procedural or substantive unreasonableness in the district court's application of sentencing enhancements.
The Ninth Circuit affirmed a defendant's sentence for drug trafficking where the district court applied a sentencing enhancement for maintaining a premises for distribution. The court held that drug trafficking can constitute a primary use of a residence even when the property also serves as the defendant's home.
The Fourth Circuit affirmed a 480-month sentence for drug distribution offenses, ruling that any error in classifying protonitazene as fentanyl under the Sentencing Guidelines was harmless. The court held that the district court explicitly stated it would have imposed the same sentence regardless of the drug classification and that the sentence remained substantively reasonable.
The Fourth Circuit affirmed Gary Lee Hodges's sentence for attempted enticement of a minor, rejecting his argument that sentencing enhancements do not apply when the victim is a fictitious person created by law enforcement. The court held that the term 'minor' in the Sentencing Guidelines is ambiguous and that the Guidelines' commentary defining 'minor' to include fictitious persons is entitled to deference.
The First Circuit affirmed Hassan Abbas's 87-month sentence and restitution order, rejecting his claims of procedural error in sentencing calculations. The court held that the district judge correctly applied the Sentencing Guidelines and acted within discretion given Abbas's history of fraud.