Defendant was convicted of conspiracy to distribute, possession with intent to distribute and one count of distribution. The district court applied a base offense level of 32 based on its calculation that defendant was responsible for 150 to 500 grams ...

Tagged with: Calculation of Drug Quantity Possession with Intent to Distribute Sentencing Enhancement

Defendant was charged with distribution of cocaine base and conspiracy. His indictment contained notice that defendant had a prior Iowa deferred judgment for possession of cocaine base with intent to deliver. The district court used that deferred judgment to enhance ...

Tagged with: Conspiracy to Distribute Sentencing Enhancement State Deferred Judgment

Defendant sought habeas relief from the mandatory minimum sentence imposed following his conviction for conspiracy and possession with intent to distribute crack cocaine. Defendant’s mandatory minimum sentence was doubled based on a prior felony conviction. On appeal, defendant argued that ...

Tagged with: Possession with Intent to Distribute Prior Felony Conviction Sentencing Enhancement

Defendant pleaded guilty to bank robbery. His presentence report applied a two-level enhancement after finding defendant made a death threat during the robbery. On appeal, defendant challenged the sentencing enhancement and argued that his sentence was substantively unreasonable. Where defendant’s ...

Tagged with: Bank Robbery Death Threats Made During Crime Sentencing Enhancement

Where a defendant challenged his conviction and sentencing in a drug-conspiracy case, the defendant’s argument that the government witnesses were dishonest and self-interested failed because the determination of witness credibility was a matter for the jury, and the evidence supported ...

Tagged with: Drug Conspiracy Sentencing Enhancement Sufficiency Of Evidence

Defendant pleaded guilty to engaging in monetary transactions in property derived from specified unlawful activity and to filing a false or fraudulent tax return. The district court imposed concurrent sentences on both charges. On appeal, defendant challenged the application of ...

Tagged with: Sentencing Enhancement tax fraud Transactions Derived from Unlawful Activity

Defendant was convicted of possession of a firearm by a felon, after two other gang members involved in the altercation that led to defendant’s charges testified against him. Defendant subsequently emailed fellow gang members housed in the same prison as ...

Tagged with: Possession of Firearm by Convicted Felon Sentencing Enhancement Witness Retaliation

Defendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the district court’s application of a two-level enhancement for possession of at least three firearms. Defendant also challenged the denial of a ...

Tagged with: Denial of Downward Variance Felon in Possession of a Firearm Sentencing Enhancement

Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant argued that the district court erred in imposing a four-level guidelines sentencing enhancement for possessing a firearm in connection with another felony offense. Where the ...

Tagged with: Felon in Possession of Firearm Possession in Connection with Another Felony Sentencing Enhancement

Where a defendant challenged a four-level sentencing enhancement for using or possessing a firearm in connection with another felony, the defendant’s attempt to contest the enhancement fell within the plain language of an appeal waiver, and the waiver was knowing ...

Tagged with: appeal waiver Sentencing Enhancement

  Defendant pleaded guilty to accessing or attempting to access child pornography. The district court applied a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor.” On appeal, defendant challenged the ...

Tagged with: Child Pornography Criminal Law Pattern of Child Sexual Abuse Sentencing Enhancement