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Tag Archives: Substantive Reasonableness of Sentence

Criminal Law: Distribution of Methamphetamine-Retesting of Drugs-Substantive Reasonableness of Sentence

Defendant entered a conditional guilty plea to aiding and abetting distribution of methamphetamine after the district court denied his motion for retesting of drug quality and quantity. On appeal, defendant challenged the denial of his motion and argued that the ...

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Criminal Law: Distribution of Methamphetamine-Retesting of Drugs-Substantive Reasonableness of Sentence

Defendant entered a conditional guilty plea to distribution of methamphetamine. The district court had denied defendant’s motion for retesting of drug quality and quantity and approval of expenditures. On appeal, defendant argued that the district court erred in denying his ...

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Criminal Law: Sex Trafficking-Above-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to sex-trafficking offenses and was sentenced to an above-guidelines sentence as recommended under the terms of defendant’s plea agreement. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court adequately considered the statutory ...

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Criminal Law: Felon in Possession of Firearm-Revocation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced to 180 months’ imprisonment and three years’ supervised release. Upon resentencing, defendant was sentenced to time served and commenced his supervised release. Defendant’s supervised release ...

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Criminal Law: Drug Offense-Substantive Reasonableness of Sentence-Statutory Sentencing Factors

Defendant appealed the sentence imposed following his guilty plea to a drug offense. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court considered the statutory factors and did not consider an improper or irrelevant factor ...

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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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