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, ...

Tagged with: sentencing 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 ...

Tagged with: Prior Convictions Upward Variance Uttering Counterfeit Securities

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 ...

Tagged with: Procedural and Substantive Reasonableness Punishment for Uncharged Conduct Upward Variance

  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. ...

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

  Where a defendant challenged his 204-month sentence in a crack-cocaine-possession case after the district court calculated an advisory range of 57-71 months, the judgment is affirmed because the court did not ignore factors as alleged by the defendant, and ...

Tagged with: criminal history Criminal Law sentencing Upward Variance

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 ...

Tagged with: Criminal Law murder Reasonableness of Sentence Upward Variance

U.S. v. Grace (MLW No. 71769/Case No.17-1572 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Tagged with: Criminal Law Prior Conviction sentencing Upward Variance

U.S. v. Durr (MLW No. 71170/Case No. 16-3980 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: Criminal Law sentencing Upward Variance

U.S. v. Stone (MLW No. 71117/Case No. 16-3987 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Criminal Law sentencing Upward Variance

U.S. v. Allison (MLW No. 68847/Case No. 15-1618 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Criminal Law sentencing Upward Variance

U.S. v. Stoner (MLW No. 68143/Case No. 14-3580 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: Criminal Law sentencing Substantive Reasonableness Upward Variance