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Tag Archives: Downward Variance

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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