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Tag Archives: Upward Variance

Criminal Law: Violating Conditions of Supervised Release-Improper Sentencing Factor-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 ...

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Criminal Law: Attempted Enticement of Minor-Upward Variance-Substantive Reasonableness of Sentence

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 ...

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Criminal Law: Revocation of Supervised Release-Upward Variance-Substantive Reasonableness of Sentence

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 ...

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Criminal Law: Escape from Custody-Upward Variance-Substantive Reasonableness of Sentence

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 ...

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Criminal Law: Felon in Possession of Ammunition-Upward Variance-Sufficiency of District Court’s Sentencing Reasoning

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 ...

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