Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines"
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5 Feb 2008, 8:11 am
Abad, No. 06-0338 Conviction for armed robbery and murder is affirmed based on primary holding that defendant's claim under the Speedy Trial Act, 18 U.S.C. section 3162, is barred by the Act's waiver provision, and not subject to review for plain error under Federal Rule of Criminal Procedure 52(b). [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]
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]
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]
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]
4 Sep 2007, 2:47 am
Floyd, No. 06-1513 A sentence for offenses arising from a conspiracy to distribute crack cocaine and cocaine powder is vacated and remanded where the manner by which the district court reduced defendant's prior sentence of 48 months to a new sentence of 42 months was inconsistent with proper sentencing procedure, and it should have considered a departure from the calculated range of 41 to 51 months, not from the vacated 48-month sentence. [read post]
