Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines"
Results 41 - 60
of 67
Sort by Relevance
|
Sort by Date
9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [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]
1 Dec 2008, 9:18 pm
Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. [read post]
17 Nov 2008, 6:39 pm
However, on cross-appeal, defendant-wife's sentence is remanded for resentencing where it was procedurally unreasonable because: 1) the evidence supported applying certain enhancements, and the district court failed to make findings sufficient to justify its refusal to ! [read post]
3 Nov 2008, 7:03 pm
Jackson, No. 07-2421 Sentence for being a felon in possession of a firearm is affirmed over objections regarding: 1) failure to adhere to established policy in imposing an above-guidelines sentence; 2) the assessment of defendant's criminal history; 3) the weight given to unpaid traffic fines; and 4) failure to fully consider defendant's youth and borderline intellectual functioning. [read post]
20 Oct 2008, 6:46 pm
U.S., to reject the Guidelines' crack-to-powder cocaine sentencing ratio. . [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]
9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [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]
28 Aug 2008, 2:15 pm
Duhon, No. 05-30387 On remand from the Supreme Court, sentence of probation for possessing child pornography is affirmed over the government's objections that: 1) the district court's failure to apply enhancements requested by the government was reversible error; 2) consideration of the disparity between defendant's and co-defendant's sentences was plain error; 3) the sentencing guidelines precluded sentencing defendant to probation;… [read post]
4 Aug 2008, 7:06 pm
Reyeros, No. 06-1485, 06-1486 Convictions and sentence for conspiracy to import cocaine are affirmed where: 1) there was sufficient evidence that defendant knew the specific object of the conspiracy; 2) documents in the possession of a foreign sovereign and never seen by the government were not subject to Brady or Jencks disclosure; 3) there was no individual or cumulative unfairness in the court's rulings on a motion to sever, evidentiary questions, or alleged prosecutorial… [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]
10 Jun 2008, 2:36 pm
Rowan, No. 05-30536 On remand from the Supreme Court of the United States, a 60-month sentence of supervised release following a conviction for possession of child pornography is affirmed where: 1) defendant's sentence is a non-Guideline sentence since it falls outside the applicable range and was not based on an allowed departure; but 2) in light of the deferential standard set forth in Gall, there was no significant procedural error in the… [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]
13 May 2008, 1:35 pm
Orsburn, No. 07-2584, 07-2585 Convictions for mail fraud are affirmed, but the sentences vacated and the case remanded for re-sentencing where the trial court applied the wrong Guidelines sentence when it concluded that embezzling money from the government fell under section 2C1.1 of the Guidelines which covers frauds that incl [read post]
14 Apr 2008, 11:34 am
Bonilla, No. 06-40894 A sentence for being unlawfully present in the United States after deportation is affirmed where: 1) although the district court erred in applying a sixteen-level crime-of-violence enhancement based on defendant's conviction for attempted manslaughter under New York Penal Law section 125.15; 2) nevertheless, because the district court imposed an alternative non-guideline sentence, the advisory sentence did not result from the… [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]
11 Mar 2008, 8:46 am
Ct. 558 (2007), whether the district court would have imposed a non-Guidelines sentence had it been aware that "the cocaine Guidelines, like all other Guidelines, are advisory only," and that it therefore had discretion to deviate from the Guidelines where necessary to serve the objectives of sentencing under 18 U.S.C. section 3553(a). . [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [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]
