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Criminal Law: Drug Offense-Substantive Reasonableness of Sentence-Consideration of Sentencing Factors
Defendant pleaded guilty to a drug offense. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court properly considered the correct statutory sentencing factors and imposed a within-guidelines range sentence, defendant was not subjected to a substantively unreasonable sentence. Judgment is affirmed. U.S. v. Perez (MLW No. 74045/Case No. 19-1603 – [...]
Criminal Law: Revocation of Supervised Release-Consideration of Sentencing Factors-Within-Guidelines Sentence
Defendant appealed from the district court’s judgment of sentence entered after it revoked defendant’s supervised release. Where the district court considered all of the sentencing factors and imposed a within-guidelines sentence, the court affirmed the judgment of sentence. Judgment is affirmed. U.S. v. Perry (MLW No. 73365/Case No. 18-1040 – 2 pages) (U.S. Court of […]
Criminal Law: Burglary-Possession with Intent to Distribute-Consideration of Sentencing Factors
Defendant pleaded guilty to burglarizing a pharmacy and possessing prescription narcotics with intent to distribute. At sentencing, defendant requested a downward revision of his guidelines range based on his drug dependency and spinal injuries, while the government requested a sentence at the top of the range. Based on defendant’s extensive criminal history, the district court […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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