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Criminal Law: Felon in Possession of Firearm-Upward Variance-Substantively Unreasonable Sentence
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 offenses of conviction did not warrant a significant upward variance and the guidelines range appropriately […]
Criminal Law: Sentencing-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 unreasonable, so the judgment is affirmed. Judgment is affirmed. U.S. v. Obie (MLW No. 74491/Case […]
Criminal Law: 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 the court abused its discretion by varying upward and imposing a sentence that was longer […]
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 court’s “impermissible factor” was only an additional reason supporting the sentence and where the upward [&helli[...]
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 the district court failed to adequately explain the upward variance. Where the district court considered [&hell[...]
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 record demonstrated that the district court did not consider whether defendant had committed an uncharged [&hell[...]
Criminal Law: Kidnapping-Aggravated Sexual Abuse-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 in calculating the guidelines range, and where defendant’s prior criminal history was not accounted for […]
Criminal Law: Felon in Possession of a Firearm-Aggravating Factors-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 the direction of a bystander, outweighed the mitigating factors. The district court therefore varied upward […]
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 understated” compared to defendant’s decades-long criminal history. On appeal, defendant challenged the substantive[...]
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 give an adequate explanation for why a Guidelines-range sentence was insufficient. Where the district court […]
Criminal Law: Sentencing-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 the court did not rely on improper factors or impermissibly base its upward variance on […]
Criminal Law: Sentencing-Upward Variance
Where a defendant challenged a 62-month sentence for being a felon in possession of a firearm, the judgment is affirmed because the district court did not ignore the guidelines range and considered all of the appropriate factors in its decision, so the upward variance was not an abuse of discretion. Judgment is affirmed. U.S. v. […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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