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Tag Archives: Drug Offense

Criminal Law: Drug Offense-Appeal Waiver-Substantive Reasonableness of Sentence

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 ...

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Criminal Law: Drug Offense-Appeal Waiver-Within-Guidelines 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 ...

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Criminal Law: Drug Offense-Substantive Reasonableness of Sentence-Statutory Sentencing Factors

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 ...

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Criminal Law: Drug Offense-Sentencing-Mitigating-Role Reduction

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 ...

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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 ...

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Criminal Law: Drug Offense-Below-Guidelines Sentence-Appeal Waiver

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. ...

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Criminal Law: Drug Offense-Appeal Waiver-Career-Offender Classification

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 ...

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Criminal Law: Drug Offense-Below-Guidelines Sentence-Partial Appeal Waiver

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 ...

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Criminal Law: Drug Offense-Appeal Waiver-Above-Guidelines Sentence

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 ...

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Criminal Law: Drug Offense-Below-Guidelines-Range Sentence-Substantive Reasonableness

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 ...

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