Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines"
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2 Sep 2013, 4:34 pm
Under the Federal Sentencing Guidelines, a defendant convicted of promoting commercial sex with a minor under these circumstances would be sentenced to significantly more time, at least two and probably three or four times what Epstein received in Florida state court. [read post]
2 Sep 2013, 4:34 pm
Under the Federal Sentencing Guidelines, a defendant convicted of promoting commercial sex with a minor under these circumstances would be sentenced to significantly more time, at least two and probably three or four times what Epstein received in Florida state court. [read post]
2 Sep 2013, 4:34 pm
Under the Federal Sentencing Guidelines, a defendant convicted of promoting commercial sex with a minor under these circumstances would be sentenced to significantly more time, at least two and probably three or four times what Epstein received in Florida state court. [read post]
2 Sep 2008, 5:17 pm
Hernandez, No. 07-1828 In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [read post]
15 Jan 2008, 1:50 pm
McIlrath, No. 07-1266 Sentence for traveling across state lines to have sex with a minor is affirmed where: 1) remarks of the judge at sentencing discharged his duty to consider not only the sentencing guidelines, but [read post]
30 Oct 2007, 1:37 am
Peltier, No. 05-30440"An above-guideline, 120-month sentence for possession of a firearm as a convicted felon, for keeping a rusty shotgun in a shed, is affirmed over a challenge to its reasonableness where any error did not appear so plain as to warrant reversal. [read post]
27 May 2008, 9:50 am
P. 35(b) motion claiming that warden's alleged promise to create an opportunity for a sentence reduction as a reward for his assistance in prison effectively bound the government to file a Rule 35(b) motion on his behalf, judgment denying relief is affirmed where: 1) even if the warden did promise to file a Rule 35(b) motion, a warden within the Bureau of Prisons was unauthorized to make the motion as the "government" under Rule 35(b); and 2) a… [read post]
14 Oct 2008, 3:20 pm
Ojeikere, No. 071970, 073127 Conviction and sentence for wire fraud and conspiracy to commit wire fraud are affirmed where: 1) the defendant managed and supervised his female criminal accomplice, and, therefore, a two-level enhancement is warranted under Section 17 3B1.1(c); and 2) restitution under the Mandatory Victims Restitution Act of 1996 (MVRA) may not be denied simply because the victim had greedy or dishonest motives, where those intentions were not in pari materia with… [read post]
1 Oct 2007, 4:45 am
Benjamin, No. 05-3677Sentences for drug-related offenses are vacated pursuant to the government's appeal as the district judge failed, for a second time, to give notice of his decision to deviate from the Sentencing Guidelines and to provide an explanation for his non-Guidelines sentences. [read post]
8 Apr 2008, 9:47 am
Page, No. 06-3800 A conviction for conspiracy to import cocaine and marijuana is affirmed over a claim that the district court violated Federal Rule of Criminal Procedure 11(b)(1)(G) by not informing defendant of, and making sure he understood, the nature of the charge to which he pled guilty. . [read post]
30 Dec 2016, 8:08 am
Florida to the case. [read post]
27 Aug 2020, 12:23 pm
In 2014, the Florida Supreme Court adopted a rule of criminal procedure requiring the prosecution to disclose impeachment evidence on jailhouse informants within 15 days of the defense requesting discovery materials. [read post]
11 Feb 2008, 8:08 am
Vonner, No. 05-5295 "A sentence for drug-related offenses is affirmed where: 1) district courts may, consistent with the Sixth Amendment, find sentencing facts in applying the now-advisory sentencing guidelines; 2) defendant forfeited an argument that the district court failed adequately to explain its rejection of his arguments for leniency and could not show plain error; and 3) his within-guidelines sentence was reasonable. [read post]
24 Feb 2011, 7:41 am
Oregon Healthcare Res., 6 No. 18 Westlaw Journal Medical Malpractice 1, Westlaw Journal Medical Malpractice February 11, 2011An Oregon couple who conceived a child after being told that the husband's vasectomy was successful are seeking more than $675,000 in child-rearing expenses from the doctor who allegedly botched the procedure. [read post]
30 Jan 2008, 7:35 am
Conway, No. 06-4083 "A sentence pursuant to a plea to possession of ammunition is affirmed over challenges to the district court's possession-of-a-shotgun enhancement arguing that: 1) he did not possess the shotgun; 2) the "relevant conduct" provisions of the sentencing guidelines do not apply to this conduct; 3) the sentencing guidelines preclude courts from enhancing sentences based on charged conduct where the government… [read post]
31 May 2010, 8:23 am
Rule 32.2 also sets out the procedure that is to be used when the government seeks the forfeiture of property; you can check out the rule if you’re interested. [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35… [read post]
9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [read post]
25 Jun 2008, 6:15 pm
Bermudez, No. 06-5119 Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the use of a "blind strike" method in jury selection was both constitutional and consistent with Federal Rule of Criminal Procedure 24(b); and 3) comments made during the government's closing arguments were not unfairly prejudicial. [read post]
