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Tag Archives: Downward Variance

Criminal Law: Sentencing-Downward Variance-Substantive Reasonableness

Where a defendant who pleaded guilty to drug charges challenged his sentence, the record showed that the district court adequately  considered the sentencing factors and did not abuse its discretion by refusing a further downward variance, and the judgment is ...

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Criminal Law: Sentencing-Downward Variance

Where a defendant challenged the sentence imposed after his guilty plea to a drug offense, the sentence was substantively reasonable, and the district court did not abuse its discretion in declining to vary downward further. Judgment is affirmed. U.S. v. ...

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Criminal Law: Sentencing-Substantive Reasonableness-Downward Variance

Where a defendant challenged his sentence, arguing that the district court committed procedural error by denying his request for a downward variance, the transcript showed that the court recognized its authority to vary downward, considered the relevant factors and adequately ...

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Criminal Law: Conspiracy to Distribute-Downward Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute controlled substances. At sentencing, defendant conceded that the applicable range under the guidelines was 360 months to life. The district court granted a downward variance from the bottom of the guidelines range. On ...

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Criminal Law: Conspiracy to Participate in Racketeering-Downward Variance-“Good Time Credit”

  The government appealed the district court’s order reducing defendant’s prison term. Defendant pleaded guilty to conspiracy to participate in racketeering. The district court sentenced defendant to 115 months’ imprisonment, adjusting downward from the advisory guidelines sentence of 136 months ...

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Criminal Law: Conspiracy to Distribute Controlled Substances-Possession of Firearms as Illegal Alien-Downward Variance

Defendant pleaded guilty to conspiracy to distribute methamphetamine and possession of firearms by an illegal alien. The district court imposed a sentence reflecting a 66-month downward variance from the recommend guidelines range. On appeal, defendant argued her sentence was unreasonable ...

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Criminal Law: Unlawful Possession of Firearm-Downward Variance-Revocation of Probation

Defendant pleaded guilty to unlawful possession of a firearm; the district court varied downward and sentenced defendant to five years’ probation. Defendant subsequently tested positive for methamphetamines, and the district court revoked his probation, sentencing him to nine months’ imprisonment ...

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Criminal Law : Sentencing – Downward Variance – Continuance Of Hearing

Where a defendant who pleaded guilty in a drug conspiracy argued for a downward variance in anticipation of Amendment 782 to the sentencing guidelines, the district court explained that the then-proposed guideline was not guaranteed to take effect, so consideration ...

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