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Tag Archives: Substantive Reasonableness of Sentence

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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Criminal Law: Enticing a Minor-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to attempting to entice a minor to engage in sexual activity. The district court sentenced defendant to a within-guidelines sentence. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district court did not abuse its ...

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Criminal Law: Possession with Intent to Distribute-Sentencing Guidelines Range-Substantive Reasonableness of Sentence

Defendant pleaded guilty to possession with intent to distribute. On appeal, defendant challenged the district court’s findings that defendant’s uncharged activity was part of a common scheme or course of conduct with his charged activity and that his charged activity ...

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Criminal Law: Escape from Custody-Upward Variance-Substantive Reasonableness of Sentence

While awaiting transfer to county jail after violating the rules of his residential reentry center, defendant fled from custody. Defendant was subsequently apprehended and pleaded guilty to escape. The district court varied upward from the guidelines range, finding it “woefully ...

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Criminal Law: Possession of Child Pornography-Violation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to possession of child pornography and was sentenced to 21 months of imprisonment followed by five years of supervised release. During his release, defendant admitted to violating the conditions of his release. The district court sentenced defendant ...

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Criminal Law: Felon in Possession of Firearm-Armed Career Criminal Act-Substantive Reasonableness of Sentence

Defendant appealed from his sentence, imposed following a conditional guilty plea to being a felon in possession of a firearm, after the government filed notice of the applicability of the Armed Career Criminal Act. On appeal, defendant argued that the ...

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Criminal Law: Escape-Speedy-Trial Violation-Substantive Reasonableness of Sentence

Defendant, an inmate, absconded from federal prison grounds. Defendant was later apprehended and charged with escape. Defendant conditionally pleaded guilty. On appeal, defendant argued that he was subject to a speedy-trial violation, that his counsel’s assistance was constitutionally deficient and ...

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