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Tag Archives: Within-Guidelines Sentence

Criminal Law: Unlawful Possession of Firearm-Within-Guidelines Sentence-Calculation of Guidelines Range

Defendant pleaded guilty to possession of a firearm as a felon. The district court sentenced defendant within the guidelines range, advising that, even if the guidelines calculations were incorrect, it would impose the same sentence based on defendant’s history and ...

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Criminal Law: Drug Conspiracy-Within-Guidelines Sentence-Attributable Drug Quantity

Defendant appealed after he pleaded guilty to a drug-conspiracy offense, for which the district court imposed a within-guidelines sentence. On appeal, defendant argued that the district court erred in determining the drug quantity attributable to Jones, in applying guidelines enhancements, ...

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Criminal Law: Distributing Child Pornography-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to distributing child pornography. The district court sentenced defendant to a prison term within the guidelines range. On appeal, defendant challenged whether the district court imposed a substantively unreasonable sentence. Where the district court committed no abuse ...

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Criminal Law: Drug Offenses-Within-Guidelines Sentence-Denial of Downward Variance

Defendant appealed from his within-guidelines sentence, imposed after defendant pleaded guilty to a drug offense. On appeal, defendant argued that the district court abused its discretion in denying defendant’s request from a downward variance. Where the district court considered defendant’s ...

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Criminal Law: Enticing a Minor-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant pleaded guilty to attempting to entice a minor to engage in sexual activity. The district court sentenced defendant to a within-guidelines sentence. On appeal, defendant challenged his sentence as substantively unreasonable. Where the district court did not abuse its ...

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Criminal Law: Bank Fraud-Within-Guidelines Sentence-Ineffective Assistance of Counsel

Defendant pleaded guilty to bank fraud and the district court sentenced him to a within-guidelines sentence. On appeal, defendant argued that his sentence was substantively unreasonable and that he received ineffective assistance of counsel. Where the district court adequately considered ...

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Criminal Law: Revocation of Supervised Release-Consideration of Sentencing Factors-Within-Guidelines Sentence

Defendant appealed from the district court’s judgment of sentence entered after it revoked defendant’s supervised release. Where the district court considered all of the sentencing factors and imposed a within-guidelines sentence, the court affirmed the judgment of sentence. Judgment is ...

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Criminal Law: Drug Offense-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

  Defendant appealed his within-guidelines sentence imposed after he pleaded guilty to a drug offense, arguing that the district court imposed a substantively unreasonable sentence. Where the district court adequately considered all statutory sentencing factors, it did not impose a ...

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