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Tag Archives: Substantive Reasonableness of Sentence

Criminal Law: Supervised Release-Factors for Revocation-Substantive Reasonableness of Sentence

The district court revoked defendant’s supervised release and sentenced him to 18 months’ incarceration and five years’ supervised release. On appeal, defendant argued that the district court relied upon an improper factor in revoking his supervised release and imposed a ...

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Criminal Law: Drug and Firearm Offenses-Sentencing Guidelines Calculation-Substantive Reasonableness of Sentence

Defendant appealed the sentence imposed following his guilty plea to drug and firearm charges. On appeal, defendant challenged the district court’s calculation of defendant’s sentencing guidelines range and argued that his sentence was substantively unreasonable. Where defendant withdrew his objections ...

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Criminal Law: Distributing Child Pornography-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distributing child pornography. The district court sentenced defendant to a prison term within the guidelines range. On appeal, defendant challenged whether the district court imposed a substantively unreasonable sentence. Where the district court committed no abuse ...

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Criminal Law: Distribution of Methamphetamine-Below-Guidelines Sentence-Substantive Reasonableness of Sentence

After being released from prison, defendant launched a significant methamphetamine-trafficking operation. Defendant ultimately pleaded guilty to various drug and firearm offenses. The district court sentenced defendant to a below-guidelines range sentence. On appeal, defendant challenged the substantive reasonableness of his ...

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Criminal Law: Conspiracy to Distribute-Reduced Sentencing Guidelines-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute methamphetamine. The district court applied a 35 percent reduction to defendant’s sentencing guidelines and further imposed a downward variance from that range. On appeal, defendant argued that his sentence was procedurally flawed and ...

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Criminal Law: Conspiracy to Distribute-Downward Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute controlled substances. At sentencing, defendant conceded that the applicable range under the guidelines was 360 months to life. The district court granted a downward variance from the bottom of the guidelines range. On ...

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Criminal Law: Attempted Enticement of Minor-Upward Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to attempted enticement of a minor. At sentencing, defendant, without objection from the government, asked for the statutory mandatory minimum sentence. The district court instead varied upward from the mandatory minimum sentence. On appeal, defendant argued that ...

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Criminal Law: Revocation of Supervised Release-Guidelines-Range Sentence-Substantive Reasonableness of Sentence

Defendant appealed the guidelines-range sentence imposed by the district court after it revoked defendant’s supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court properly considered all statutory sentencing factors, it did not impose ...

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Criminal Law: Revocation of Supervised Release-Upward Variance-Substantive Reasonableness of Sentence

Defendant was sentenced to 24 months of incarceration following the revocation of his supervised release. Defendant argued that his sentence was substantively unreasonable because the district court varied upward based on speculation that defendant committed an uncharged crime Where the ...

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Criminal Law: Drug Trafficking-Life Sentence-Substantive Reasonableness of Sentence

Defendant was sentenced to life imprisonment plus 40 years for several serious drug-trafficking and firearms offenses. The firearms convictions were later vacated due to an intervening judicial decision, and defendant’s case was remanded for resentencing. The district court found a ...

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Criminal Law: Illegal Reentry-Downward Departure-Substantive Reasonableness of Sentence

Defendant pleaded guilty to illegally reentering the country. Defendant faced a guidelines range of 46-57 months of incarceration. The district court declined to lower defendant’s criminal history score but granted a downward departure of three levels because applicable enhancements overstated ...

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