Defendant appealed from the judgment of sentence imposed following his guilty plea to two counts of being a felon in possession of a firearm. Defendant argued that the district court imposed a substantively unreasonable sentence because the nature of his ...

Tagged with: Felon in Possession of Firearm Substantively Unreasonable Sentence Upward Variance

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 ...

Tagged with: Crime of Escape Criminal Law Revocation of Supervised Release 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 ...

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

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 ...

Tagged with: Criminal Law Drug Offenses ineffective assistance of counsel Substantively Unreasonable Sentence

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 ...

Tagged with: Criminal fraud Substantively Unreasonable Sentence Victim's Loss Under Dismissed Count

Pursuant to a plea agreement, defendant pleaded guilty to identity theft and was sentenced to 30 months’ imprisonment; the district court did not impose a term of supervised release. On appeal, defendant asserted procedural error and substantive unreasonableness. Where defendant ...

Tagged with: Criminal Law identity theft mootness 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 ...

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