Defendant appealed from the sentence imposed after he pleaded guilty to a drug offense, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the appeal waiver was enforceable ...

Tagged with: appeal waiver Drug Offense Substantive Reasonableness of Sentence

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the district court’s imposition of a within-guidelines range sentence, arguing that the government breached a supplement to the plea ...

Tagged with: appeal waiver Drug Offense Within-Guidelines Sentence

Defendant appealed the sentence imposed following his guilty plea to a drug offense. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court considered the statutory factors and did not consider an improper or irrelevant factor ...

Tagged with: Drug Offense Statutory Sentencing Factors Substantive Reasonableness of Sentence

Defendant appealed the sentence imposed following her guilty plea to a drug offense, arguing that the district court erred by denying a mitigating-role sentencing reduction. Where the record did not support finding a mitigating role, the district court did not ...

Tagged with: Drug Offense Mitigating-Role Reduction sentencing

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 ...

Tagged with: Consideration of Sentencing Factors Drug Offense Substantive Reasonableness of Sentence

Defendant appealed the below-guidelines sentence imposed after he pleaded guilty to a drug offense pursuant to a plea agreement containing an appeal waiver. On appeal, defendant challenged the enforceability of the appeal waiver and the substantive reasonableness of his sentence. ...

Tagged with: appeal waiver Below-Guidelines Sentence Drug Offense

Defendant appealed his within-guidelines sentence entered after he pleaded guilty to a drug offense pursuant to a plea agreement containing an appeal waiver, challenging his classification as a career offender. Where defendant’s challenge to his classification as a career offender ...

Tagged with: appeal waiver Career-Offender Classification Drug Offense

Defendant appealed the below-guidelines sentence imposed after defendant pleaded guilty to a drug offense pursuant to a plea agreement containing a partial appeal waiver. Where defendant’s appellate argument challenged an essential element of the offense of conviction, defendant’s appeal fell ...

Tagged with: Below-Guidelines Sentence Drug Offense Partial Appeal Waiver

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. Defendant appealed his above-guidelines sentence as substantively unreasonable. Where defendant’s appeal fell within the scope of his appeal waiver, the court dismissed the ...

Tagged with: Above-Guidelines Sentence appeal waiver Drug Offense

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged her sentence. Where defendant’s appellate argument fell within the scope of her appeal waiver, the court dismissed the appeal. ...

Tagged with: appeal waiver Drug Offense plea agreement

Defendant pleaded guilty to a drug offense and the district court sentenced him to a prison term below the calculated Guidelines range. On appeal, defendant challenged the substantive reasonableness of sentence. Where the record did not support a finding that ...

Tagged with: Below-Guidelines-Range Sentence Drug Offense Substantive Reasonableness