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Tag Archives: Substantive Reasonableness of Sentence

Criminal Law: Possession of a Firearm in Furtherance of Drug Trafficking-Upward Sentencing Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to possession of a firearm in furtherance of a drug-trafficking crime and was sentenced to 100 months’ imprisonment, following the imposition of an upward variance by the district court. Where the district court expressly found that the ...

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Criminal Law: Possession with Intent to Distribute-Substantive Reasonableness of Sentence-Ineffective Assistance of Counsel

Defendant appealed from the sentence imposed after he pleaded guilty to possession of methamphetamine with intent to distribute. On appeal, defendant argued that his sentence was substantively unreasonable and that former counsel was ineffective for failing to negotiate a more ...

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Criminal Law: Felony Child Abuse and Neglect-Substantive Reasonableness of Sentence-Lack of Sufficiently Analogous Guidelines

Defendant pleaded guilty to one count of felony child abuse and neglect. The district court noted that the U.S. Sentencing Guidelines had no express guideline for felony child abuse and neglect, nor was there any sufficiently analogous guideline. Accordingly, the ...

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Criminal Law: Conspiracy to Distribute Methamphetamine-Life Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to life in prison. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court sufficiently considered the statutory sentencing factors and did not rely on ...

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Criminal Law: Distribution of Cocaine Base Near a School-Prior Felony Conviction-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distribution of cocaine base near a school after a prior felony conviction. The district court sentenced him to 188 months’ imprisonment. Defendant appealed, challenging the substantive reasonableness of his sentence. Where defense counsel directly addressed the ...

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Criminal Law: Violation of Supervised Release-Sufficiency of Evidence-Substantive Reasonableness of Sentence

The district court imposed a new sentence and returned defendant to prison after finding that defendant committed 11violations of the conditions of her supervised release, even though defendant admitted to only four violations. Where record supported finding defendant’s multiple positive ...

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Criminal Law: Revocation of Supervised Release-New Drug Offense-Substantive Reasonableness of Sentence

Defendant appealed the revocation sentence imposed by the district court after finding defendant violated the terms of his supervised release. Defendant further appealed from the sentence imposed after he pleaded guilty to a new drug offense. On appeal, defendant challenged ...

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Criminal Law: Second-Degree Murder-Substantive Reasonableness of Sentence-Defendant’s ‘Personal History and Characteristics’

Defendant pleaded guilty to second-degree murder in the death of her 2-year-old son following her infliction of a fatal beating on her son. On appeal, defendant argued that her 480-month sentence was substantively unreasonable because the district court failed to ...

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

  Defendant pled guilty to possession with intent to distribute. The offense carried a 120-month statutory mandatory minimum sentence, but the district court sentenced defendant to 240 months’ imprisonment. On appeal, defendant argued that the district court failed to adequately ...

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Criminal Law: Bank Robbery-Within-Guidelines Range Sentence-Substantive Reasonableness of Sentence

  Defendant pled guilty to bank robbery and the district court sentenced him to a within-Guidelines sentence of 108 months’ incarceration. On appeal, defendant argued that his sentence was substantively unreasonable, contending that the district emphasized aggravating factors at the ...

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