Quantcast
Don't miss
Home (page 6)

Tag Archives: Substantive Reasonableness of Sentence

Criminal Law: Firearms Offense-Maximum Guidelines Range Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to a firearm offense and was sentenced to a prison term at the top of his calculated guidelines range. Defendant appealed, arguing the district court committed a procedural error at sentencing and imposed a substantively unreasonable sentence. ...

Read More »

Criminal Law: Burglary-Double-Counting for Sentencing Substantive Reasonableness of Sentence

Defendant appealed his sentence of 21 months’ imprisonment after he pleaded guilty to burglary of a pharmacy. On appeal, defendant argued that the trial court engaged in impermissible double-counting and imposed a substantively unreasonable sentence. Where defendant’s base offense encompassed ...

Read More »

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

Defendant’s supervised release was revoked for violation of conditions and the district court sentenced defendant within the advisory guidelines range. On appeal, defendant argued that his revocation sentence was substantively unreasonable, that the district court erroneously denied a continuance of ...

Read More »

Criminal Law: Production of Child Pornography-Substantive Reasonableness of Sentence-Mitigating Mental Condition

Defendant pleaded guilty to production of child pornography, in which defendant sexually assaulted two children entrusted to her care. Although three psychologists diagnosed defendant with borderline personality disorder, the district court sentenced defendant to the statutory maximum, concluding defendant demonstrated ...

Read More »

Criminal Law: Drug Distribution-Consecutive Prison Terms-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distributing methamphetamine and possessing a firearm. The district court sentenced defendant to consecutive prison terms resulting in an aggregate sentence of 270 months followed by five months of supervised release. On appeal, defendant challenged the substantive ...

Read More »

Criminal Law: Unlawful Drug User in Possession of Firearm-Violation of Supervised Release-Substantive Reasonableness of Sentence

Defendant pleaded guilty to being an unlawful drug user in possession of a firearm, received a below-guidelines sentence of 12 months and one day and was released on supervision. Immediately thereafter, defendant committed 14 violations of her supervised release. The ...

Read More »