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Tag Archives: Upward Variance

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, ...

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Criminal Law: Uttering Counterfeit Securities-Prior Convictions-Upward Variance

Defendant pleaded guilty to uttering counterfeit securities after he used and directed other to use counterfeit $100 bills to buy merchandise at various stores. The district court varied upward from the guidelines range, finding that the defendant had previously committed ...

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Criminal Law: Upward Variance-Punishment for Uncharged Conduct-Procedural and Substantive Reasonableness

Defendant was sentenced to 120 months’ for making a false statement to a firearms dealer. The government had moved for an upward variance, presenting evidence that a firearm owned by defendant was used in a shooting that went uncharged and ...

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Criminal Law: Felon in Possession of a Firearm -Upward Variance-Procedural and Substantive Error

  Defendant pleaded guilty to being a felon in possession of a firearm. On appeal, defendant challenged the district court’s decision to sentence him to 120 months’ imprisonment, an upward variance from the guidelines range of 30 to 37 months. ...

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Criminal Law: Murder-Upward Variance-Reasonableness of Sentence

Defendant pleaded guilty to the second-degree murder of a minor family member placed in her custody following defendant’s extended physical abuse of the boy leading to his death. At sentencing, the government was granted its request for an upward departure ...

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