Where a defendant challenged his sentence in a felon in possession case, the judgment is affirmed because the defendant did not show that the district court sentenced him based on improper emotion or that the court placed too much emphasis ...

Tagged with: criminal history Improper Emotion sentencing

Where a defendant who pleaded guilty to possessing a firearm as a felon argued that the district court failed to take into account the facts that he argued in the district court and claimed that the court gave undue weight ...

Tagged with: criminal history sentencing

Where a defendant challenged the calculation of his criminal history score arguing that the district court erred in assessing three points based on a prior conviction for which the defendant was sentenced for three years but served 60 days, the ...

Tagged with: criminal history sentencing

Where a defendant challenged his sentence in a drug case, the district court did not err in failing to depart to a lower criminal history category or to vary downward, and the sentence was not substantively unreasonable, so the judgment ...

Tagged with: criminal history sentencing

Where a defendant challenged his sentence in a felon-in-possession case, the district court did not abuse its discretion in considering the defendant’s age and history of assaulting police officers as aggravating factors and the court was under no obligation to ...

Tagged with: criminal history Criminal Law sentencing Substance Abuse

  Where a defendant challenged his 204-month sentence in a crack-cocaine-possession case after the district court calculated an advisory range of 57-71 months, the judgment is affirmed because the court did not ignore factors as alleged by the defendant, and ...

Tagged with: criminal history Criminal Law sentencing Upward Variance

Where a defendant challenged his sentence after he pleaded guilty to being a felon in possession of a firearm, the district court procedurally erred by relying on an inflated assessment of the defendant’s criminal history, so the sentence is vacated ...

Tagged with: Criminal criminal history sentencing

U.S. v. Chambers (MLW No. 71296/Case No. 16-4301 – 11 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: criminal history Criminal Law Enhancement sentencing

U.S. v. Sullivan (MLW No. 70394/Case No. 16-3163 – 9 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: criminal history Criminal Law sentencing Upward Departure

U.S. v. Holdsworth (MLW No. 69487/Case No. 15-2382 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: criminal history Criminal Law sentencing

U.S. v. Tidwell (MLW No. 69381/Case No. 15-1161 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: criminal history Criminal Law Resentencing ‘Prior Sentence’