Defendant appealed from the sentence imposed after he pleaded guilty to drug and firearms offenses pursuant to a plea agreement containing an appeal waiver. Where defendant’s appeal waiver was applicable to his challenge to his sentence, the court dismissed the ...

Tagged with: appeal waiver Drug and Firearms Offenses Reasonableness of Sentence

Defendant appealed after he pleaded guilty to bank robbery and related offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant argued that his sentence was unreasonable and that he was denied effective assistance of counsel; ...

Tagged with: appeal waiver Bank Robbery Reasonableness of Sentence

Defendants were convicted of bank fraud after investigators discovered their scheme involving the printing of counterfeit checks, which were deposited by other conspiracy members who would withdraw as much cash as possible before the fraud was discovered. On appeal, defendants ...

Tagged with: Bank Fraud Reasonableness of Sentence Variance from Indictment

Defendant appealed from her above-guidelines sentence entered after the district court revoked her supervised release. Where the district court properly considered the statutory sentencing factors, it did not abuse its discretion in sentencing defendant. Judgment is affirmed. U.S. v. Caballero ...

Tagged with: Above-Guidelines Sentence Reasonableness of Sentence Revocation of Supervised Release

Defendant pleaded guilty to conspiracy and possession with intent to distribute methamphetamine, waiving the right to appeal except as to ineffective-assistance-of-counsel claims. Defendant was designated a career offender due to two prior felony drug convictions. Where defendant executed an enforceable ...

Tagged with: Career-Offender Designation Criminal Law Distribution of Methamphetamine Reasonableness of Sentence

Defendant pleaded guilty to two firearms offenses. The district court sentenced defendant to two consecutive statutory-maximum terms; however, the aggregate sentence still fell within defendant’s guidelines range. Defendant appealed, challenging the reasonableness of his sentence. Where it was not unreasonable ...

Tagged with: Consecutive Statutory-Maximum Sentences Criminal Law Firearms Offenses Reasonableness of Sentence

Defendant pleaded guilty to the second-degree murder of a minor family member placed in her custody following defendant’s extended physical abuse of the boy leading to his death. At sentencing, the government was granted its request for an upward departure ...

Tagged with: Criminal Law murder Reasonableness of Sentence Upward Variance

Defendant pleaded guilty to being a felon in possession of explosive materials. Defendant appealed his within-guidelines-range sentence, challenging the reasonableness of the sentence. Where district court adequately considered statutory sentencing factors and where defendant failed to overcome the presumption of ...

Tagged with: Criminal Law Felon in Possession of Explosive Materials Reasonableness of Sentence Sentence within Guidelines Range

Where defendant’s delivery of large quantities of narcotics would lead to reasonable belief that recipients of the narcotics would further distribute them, out-of-court statements of recipients were not hearsay where otherwise admissible to show defendant was in conspiracy with recipients ...

Tagged with: Conspiracy to Distribute Criminal Law Reasonableness of Sentence Sufficiency Of Evidence