Topic
Every decision we've filed under Sentencing Guidelines.
The Eleventh Circuit affirmed a defendant's sentence, ruling that an attempt to commit New York second-degree robbery qualifies as a crime of violence under the Sentencing Guidelines. This decision relies on a 2023 amendment that explicitly includes inchoate offenses within the definition of a crime of violence.
The D.C. Circuit affirmed the convictions of Haotian Sun for mail fraud and conspiracy, ruling that the evidence was sufficient to prove he knowingly participated in a scheme to exchange counterfeit iPhones for authentic replacements. The court also rejected all sentencing and Fourth Amendment challenges raised by co-defendant Peng Fei Xue, upholding his conviction and sentence.
The First Circuit affirmed the convictions of a Massachusetts pizzeria owner for forced labor, ruling that a pattern of physical abuse and threats of deportation against undocumented workers satisfied the statutory elements of coercion. The court also upheld the defendant's 102-month sentence, rejecting challenges to evidentiary rulings and sentencing enhancements.
The Supreme Court held that restitution ordered under the Mandatory Victims Restitution Act constitutes criminal punishment for purposes of the Ex Post Facto Clause. Consequently, applying the MVRA to a defendant who committed their crime before the Act's enactment violates the Constitution.
The First Circuit affirmed a ninety-six-month sentence for possessing machine guns and being a felon in possession of firearms, rejecting the defendant's claim that the district court failed to adequately explain an upward variance. The court held that the district court provided a plausible rationale based on the severity of the offenses, the defendant's criminal history, and the specific circumstances of the arrest.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program. The court held that the district judge provided sufficient justification for a nineteen-month upward variance based on the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The First Circuit affirmed a sixty-month prison sentence for a felon in possession of a firearm and escape from a re-entry program, rejecting the defendant's claim that the district court failed to justify a nineteen-month upward variance. The appellate court held that the district judge provided sufficient reasoning by highlighting the defendant's possession of a modified machine gun, high-capacity magazines, and a large quantity of ammunition.
The Eleventh Circuit vacated Abdoulaye Barry's sentence because the district court failed to make individualized findings regarding the scope of his jointly undertaken criminal activity before holding him accountable for his codefendants' losses. The court remanded the case for resentencing to correct the loss calculation and a clerical error in the criminal judgment.
The First Circuit affirmed the convictions and sentences of two Massachusetts State Police officers for a federal overtime fraud scheme but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the defendant's financial aid was directly traceable to his fraud rather than what he would have received legitimately.
The First Circuit affirmed the convictions of two Massachusetts State Police officers for wire fraud and theft of federal funds but vacated a forfeiture order against one defendant. The court held that the government failed to prove which portion of the financial aid received by the defendant was traceable to the fraud versus what he would have received legitimately.