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

Where a defendant challenged his sentence for violating the terms and conditions of supervised release, the decision to vary upward was not reversible error, and neither the record nor the court’s explanation for the sentence imposed rendered the sentence substantively ...

Tagged with: sentencing Upward Variance

Where a defendant, who pleaded guilty to being a felon in possession of a firearm, challenged his sentence as both procedurally and substantively unreasonable, the record did not show that the district court’s factual findings were clearly erroneous or that ...

Tagged with: sentencing Upward Variance

Defendant was sentenced to an above-guidelines sentence for violating the conditions of his supervised release. On appeal, defendant argued that the district court considered an improper factor at sentencing and failed to adequately explain the upward variance. Where the district ...

Tagged with: Improper Sentencing Factor Upward Variance Violating Conditions of Supervised Release

Defendant pleaded guilty to attempted enticement of a minor. At sentencing, defendant, without objection from the government, asked for the statutory mandatory minimum sentence. The district court instead varied upward from the mandatory minimum sentence. On appeal, defendant argued that ...

Tagged with: Attempted Enticement of Minor Substantive Reasonableness of Sentence Upward Variance

Defendant was sentenced to 24 months of incarceration following the revocation of his supervised release. Defendant argued that his sentence was substantively unreasonable because the district court varied upward based on speculation that defendant committed an uncharged crime Where the ...

Tagged with: Revocation of Supervised Release Substantive Reasonableness of Sentence Upward Variance

Defendant pleaded guilty to kidnapping and aggravated sexual abuse by force. On appeal, defendant challenged the district court’s decision to vary upward from the sentencing-guidelines range. Where the district court could vary upward based on factors already taken into account ...

Tagged with: Aggravated Sexual Abuse kidnapping Upward Variance

Defendant pleaded guilty to being a felon in possession of a firearm. Upon consideration of the statutory sentencing factors, the district court concluded that aggravating factors, including discharging a firearm in the vicinity of his wife and pointing it in ...

Tagged with: Aggravating Factors Felon in Possession of a Firearm Upward Variance

While awaiting transfer to county jail after violating the rules of his residential reentry center, defendant fled from custody. Defendant was subsequently apprehended and pleaded guilty to escape. The district court varied upward from the guidelines range, finding it “woefully ...

Tagged with: Escape from Custody Substantive Reasonableness of Sentence Upward Variance

Defendant pleaded guilty to being a felon in possession of ammunition. On appeal, defendant argued that the district court erred in varying upward from the Guidelines range by incorrectly doubling the number of his prior felony convictions, and failed to ...

Tagged with: Felon in Possession of Ammunition Sufficiency of District Court’s Sentencing Reasoning Upward Variance

Where a defendant in a sexual-abuse case challenged his sentence, the judgment is affirmed because the defendant did not show that the district court relied on any information that was not otherwise available to the court or the parties, and ...

Tagged with: sentencing Upward Variance