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Tag Archives: Substantive Reasonableness of Sentence

Criminal Law: Appeal Waiver-Ineffective Assistance of Counsel-Substantive Reasonableness of Sentence

Defendant appealed from his guilty plea to drug and firearm offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, appellate counsel’s Anders brief raised questions of trial counsel’s ineffectiveness for failing to object to Guidelines enhancements ...

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Criminal Law: Robbery-Violation of Supervised Release-Substantive Reasonableness of Sentence

  Defendant committed a robbery while on supervised release from a prior bank robbery conviction. The district court sentenced defendant to an upward variance from the guidelines range. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district ...

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Criminal Law: Drug Offense-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

  Defendant appealed his within-guidelines sentence imposed after he pleaded guilty to a drug offense, arguing that the district court imposed a substantively unreasonable sentence. Where the district court adequately considered all statutory sentencing factors, it did not impose a ...

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Criminal Law: Drug Offense-Statutory-Minimum Sentence-Substantive Reasonableness of Sentence

  Defendant appealed the sentence imposed after he pleaded guilty to drug offenses. Defendant challenged the substantive reasonableness of his sentence. Where the district court adequately considered the statutory sentencing factors and imposed a statutory-minimum sentence, it did not impose ...

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Criminal Law: Felon in Possession of a Firearm-Resentencing-Substantive Reasonableness of Sentence

Defendant’s sentence was previously vacated by the court after it concluded defendant did not qualify as an armed career criminal. On remand, the district court resentenced defendant to 120 months on his conviction. Defendant appealed, challenging the substantive reasonableness of ...

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

  Defendant appealed the revocation of his supervised release, arguing that the evidence was insufficient to find that he violated his release conditions by committing an assault, and that his sentence was substantively unreasonable. Where record supported, by a preponderance ...

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Criminal Law: Child Pornography-Below-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to producing and distributing child pornography and was sentenced to 240 months imprisonment. Defendant appealed her below-guidelines sentence, challenging it as substantively unreasonable. Where the district court addressed all statutory sentencing factors and related concerns and found ...

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Criminal Law: Possession with Intent to Distribute-Denial of Acceptance-of-Responsibility Reduction-Substantive Reasonableness of Sentence

  Defendant was convicted of possession of methamphetamine with intent to distribute within 1000 feet of a school, and possession of a firearm in furtherance of drug trafficking. On appeal, defendant challenged the district court’s denial of an acceptance-of-responsibility reduction ...

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Criminal Law: Motion to Vacate Sentence-Substantive Reasonableness of Sentence-Plea-Agreement Waiver of Appeal

Defendant appealed the sentence imposed following his successful §2255 motion. On appeal, defendant argued that his sentence was substantively unreasonable. In response, the government asserted that defendant’s appeal was barred by the appeal waiver in his plea agreement. Where the ...

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Criminal Law: Felon in Possession of Firearm-Substantive Reasonableness of Sentence-Mitigating Factors

Defendant pleaded guilty to being a felon in possession of a firearm. Based on defendant’s extensive criminal history, his recommended sentencing guidelines range was 77 to 96 months; however, the district court varied upward from the guidelines by 12 months. ...

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Criminal Law: Receiving Child Pornography-Imposition of Same Sentence on Remand-Substantive Reasonableness of Sentence

Defendant was initially sentenced to 240 months’ incarceration for knowingly receiving child pornography, which was well below his advisory guidelines range. Defendant’s sentence was vacated on appeal after he successfully challenged the five-level enhancement to his offense level. On remand, ...

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