Where a defendant challenged his sentence in a felon-in-possession case, the district court adequately explained the considerations that it weighed, and the sentence was substantively reasonable. Judgment is affirmed. U.S. v. Tobias-Haywood (MLW No. 74831/Case No. 19-2023 – 3 pages) ...

Tagged with: sentencing Substantive Reasonableness

Where a defendant challenged the denial of his motion to vacate his sentence for the crime of domestic assault by a habitual offender in Indian country, the conviction for simple assault was for an offense that if under federal jurisdiction ...

Tagged with: Actual Innocence domestic assault sentencing

Where a defendant challenged the application of a career offender enhancement at sentencing, the defendant did not show that the rule of lenity was triggered on plain error review, so the district court properly applied the enhancement. Judgment is affirmed. ...

Tagged with: Career Offender Rule of Lenity sentencing

Where a defendant challenged the sentence imposed after he pleaded guilty to a drug offense, the plea agreement included an appeal waiver that was valid, enforceable and applicable to the issues raised in the appeal. Appeal is dismissed. U.S. v. ...

Tagged with: appeal waiver sentencing

Where a defendant, whose probation was revoked, challenged the judgment overruling her motion for post-conviction relief from sentences imposed in 2017 for felony stealing, the defendant was on probation and had not been sentenced at the time the court decided ...

Tagged with: Bazell probation sentencing

Where a defendant who originally pleaded guilty to stealing challenged the revocation of his probation and sentence for felony stealing, the trial court erred in sentencing the defendant for a felony when State v. Bazell held that stealing under the ...

Tagged with: Bazell Guilty Plea sentencing

Where a defendant, who was sentenced to two terms of life imprisonment without the possibility of parole for the first-degree murders of his grandparents when he was 19, challenged Section 565.020 as unconstitutional as applied to him, the court is ...

Tagged with: Life Imprisonment sentencing

Where a defendant challenged his sentence after pleading guilty to federal offenses stemming from a high-speed chase in a stolen vehicle, the district court recognized the defendant’s mental health issues and did not abuse its discretion in concluding that an ...

Tagged with: sentencing Variance

Where a defendant challenged his sentence imposed upon the revocation of supervised release, the district court properly considered the defendant’s history and characteristics, and the court properly exercised its discretion in weighing the sentencing factors, so the judgment is affirmed. ...

Tagged with: Revocation Sentence sentencing Supervised Release

Where a defendant challenged a sentence imposed upon the revocation of supervised release, the district court did not abuse its discretion by imposing the sentence to run consecutively to his state court sentences. Judgment is affirmed. U.S. v. Short (MLW ...

Tagged with: Consecutive Sentences sentencing Supervised Release

Where a defendant challenged his sentence following the revocation of his supervised release, the revocation sentence was not substantively unreasonable, and the district court properly explained the reasons for the decision, so the judgment is affirmed. Judgment is affirmed. U.S. ...

Tagged with: Revocation Sentence sentencing Substantive Unreasonableness