Where a defendant challenged his sentence in a felon-in-possession case, the judgment is affirmed because the district court properly considered the relevant factors and did not abuse its discretion, and the sentence was not substantively unreasonable. Judgment is affirmed. ...

Tagged with: Criminal Law sentencing Substantive Unreasonableness

  Where a defendant in a child-pornography case challenged his below-guidelines sentence, the district court did not abuse its discretion and the sentence was not substantively unreasonable, so the judgment is affirmed. Judgment is affirmed. U.S. v. Eden (MLW No. ...

Tagged with: Criminal Law sentencing Substantive Unreasonableness

Defendant was resentenced, with the district court imposing an above-guidelines-range term of incarceration. Defendant appealed, arguing that his sentence was procedurally and substantively unreasonable. Where district court did not abuse its discretion in deciding to vary a sentence upward based ...

Tagged with: Above-Guidelines-Range Term Criminal Law sentencing Substantive Unreasonableness

Defendant pleaded guilty to being a felon in possession of a firearm. The district court determined defendant’s advisory guidelines sentencing range at 70 to 87 months’ imprisonment but instead imposed a 99-month sentence. Defendant appealed, challenging his sentence as substantively ...

Tagged with: Criminal Law Felon in Possession of a Firearm Substantive Unreasonableness Upward Variation of Sentence

Defendant pleaded guilty to various child-pornography offenses. Defendant appealed his sentence, arguing that it was substantively unreasonable. Where sentence was below advisory guideline range and district court reasonably considered all statutory sentencing factors, defendant had not received substantively unreasonable sentence. ...

Tagged with: Child Pornography Criminal Law sentencing Substantive Unreasonableness

U.S. v. Martinez (MLW No. 69135/Case No. 15-1004 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)

Tagged with: Career Offender Criminal Law sentencing Substantive Unreasonableness