Topic
Every decision we've filed under Sentencing Guidelines.
The Ninth Circuit affirmed a sentence for a UCLA professor who exported military-grade circuits to China without a license. The court held that export controls listed for national security reasons qualify as such under the Sentencing Guidelines, even if they also satisfy foreign policy treaty obligations.
The Ninth Circuit affirmed Hoang Ai Le's sentence, holding that his conspiracy was sufficiently advanced to deny a sentencing reduction under U.S.S.G. § 2X1.1(b)(2). The court reasoned that the conspirators were about to complete the substantive offense when interrupted by circumstances beyond their control, specifically the victim's lack of knowledge of the alarm codes.
The Ninth Circuit vacated a defendant's sentence because the district court incorrectly applied a career offender enhancement based on a prior California assault conviction. The panel held that the assault statute criminalizes reckless conduct, which fails to meet the Supreme Court's mens rea requirements for a federal crime of violence.
The Ninth Circuit affirmed a felon-in-possession sentence, holding that the Sentencing Commission's commentary defining a large capacity magazine warrants judicial deference. The court ruled that the term is ambiguous and the Commission's interpretation of over fifteen rounds is reasonable.
The First Circuit vacated and remanded a sentencing decision because the district court's explanation for an upward variance was ambiguous. The appellate court could not determine the meaning of the judge's reference to the defendant's association with convicted felons.
The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.
The Second Circuit affirmed Ghislaine Maxwell's conviction and sentence for sex trafficking and related offenses involving minors. The court rejected Maxwell's arguments that a prior non-prosecution agreement barred her prosecution, that the indictment was untimely, and that jury misconduct or improper instructions warranted a new trial.
The D.C. Circuit affirmed Thomas Robertson's conviction for obstructing the Electoral College vote certification, ruling that his participation in the January 6 riot constituted acting "corruptly" through independently felonious means. The court further rejected Robertson's sentencing challenges, upholding an 87-month prison term based on the substantial interference caused to the administration of justice.