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Tag Archives: Substantively Unreasonable Sentence

Criminal Law: Revocation of Supervised Release-Crime of Escape-Substantively Unreasonable Sentence

Defendant had his latest supervised release revoked after he fled from his residential re-entry center following an accusation of drug use, conduct that constituted the crime of escape. The district court imposed a 24-month sentence of imprisonment with no supervised ...

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Criminal Law: Felon in Possession of Firearm-Upward Variation-Substantively Unreasonable Sentence

Defendant was convicted of being a felon in possession of firearms and possessing stolen firearms. The district court determined defendant was an armed career criminal but downwardly varied his Guidelines range sentence. After defendant successfully appealed his armed-career-criminal designation, the ...

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Criminal Law: Drug Offenses-Substantively Unreasonable Sentence-Ineffective Assistance of Counsel

Defendant appealed from his sentence imposed pursuant to written plea agreement. Defendant challenged his sentence as substantively unreasonable, arguing that he did not understand the consequences of his guilty plea, that his plea agreement was breached and that he received ...

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Criminal: Fraud-Substantively Unreasonable Sentence-Victim’s Loss Under Dismissed Count

Defendant appealed her sentence imposed following her guilty plea to fraud offenses. On appeal, defendant challenged her sentence as substantively unreasonable, arguing that the district court erred in considering the loss suffered by the victim of an offense under a ...

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Criminal Law: Mailing Threatening Communications- Upward Variance of Sentence- Substantively Unreasonable Sentence

Defendant pleaded guilty to mailing threatening communications to a trial judge in response to the judge’s sentencing of defendant’s brother. The district court granted the government’s motion for an upward variance in defendant’s sentence and sentenced defendant to the statutory ...

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