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Tag Archives: Substantive Reasonableness of Sentence

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

  Defendant appealed his within-guidelines sentence, imposed following the revocation of defendant’s supervised release, arguing that the sentence was substantively unreasonable. Where the district court properly considered all the statutory sentencing factors, its imposition of a within-guidelines sentence was not ...

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Criminal Law: Felon in Possession of Firearm-Above-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant appealed his above-guidelines sentence entered following his guilty plea to being a felon in possession of a firearm. On appeal, defendant challenged his sentence as an abuse of discretion and as substantively unreasonable. Where the district court properly considered ...

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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: Criminal History Score-Invalidated State Criminal Statute-Substantive Reasonableness of Sentence

Defendant challenged his sentence as substantively unreasonable, alleging that he was assigned criminal history points for a conviction based on an invalidated Illinois criminal statute. Where the assessment of criminal history points for a conviction based on an invalidated statute ...

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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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