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Tag Archives: Upward Variance

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 ...

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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 ...

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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 ...

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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: 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 ...

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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 ...

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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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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 ...

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