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Category: Sentencing

The Law Office of Jeremy Gordon is an award winning federal criminal defense firm in practice since 2012. Located in the Dallas/Fort Worth area, we’ve won favorable outcomes across the country. If you or a loved one need help with a criminal case, contact our office today to discuss how we can give you the representation you deserve.
May 26, 2023
Tenth Circuit Vacates Sentence After Insufficient Information About Enhancement: Brooks

Brooks was charged in a two-count indictment with being a felon in possession of ammunition and a firearm. A superseding indictment was filed which charged him with one count of witness tampering. Brooks proceeded to trial and was found guilty on the possession of ammunition and witness tampering charges but acquitted of the firearm count. […]

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March 24, 2023
First Circuit Holds District Court Failed to Articulate Plausible Rationale for Imposing Upward Variance

United States v. Flores-Nater, No. 21-1856, 21-1979 (1st Cir. 2023) Flores-Nater was charged with kidnapping resulting in death, use of a firearm in furtherance of a crime of violence, and use of a firearm in furtherance of a crime of violence causing murder. He pled pursuant to a plea agreement to the one count of […]

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March 3, 2023
First Circuit Vacates Sentence Based on Inadequate Explanation for Upward Variance: Munoz-Fontanez

Munoz pled guilty to possessing a firearm in furtherance of a drug trafficking crime and possession of marijuana with intent to distribute. As a part of the plea agreement, the parties agreed to recommend a sentence between 96 and 120 months imprisonment. The aggregate Guideline Sentencing Range (“GSR”) for the offenses was 60 to 66 […]

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March 3, 2023
Seventh Circuit Vacates and Remands Sentence for Failure to Make Findings on Drug Dispute and Imposing a Sentence Above the Statutory Max: Barfield

Barfield pled guilty to drug trafficking and money laundering conspiracies. He was sentenced to concurrent terms of 27 years and 20 years on each conspiracy count. At sentencing, the parties disputed the total quantity of heroin sale attributed to Barfield. The PSR recommended that he be held accountable for 16 kilograms of heroin, which the […]

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September 23, 2022
Ninth Circuit Remands For Resentencing and Consideration of Minor Role Adjustment: Rodriguez

FACTS:  Rodriguez Accused of Drug Smuggling, Denied Minor Role Reduction by Court In August 2020, Rodriguez was asked if he was willing to smuggle drugs into the United States in return for a few thousand dollars. Rodriguez agreed and was provided with drugs already loaded into it and instructed to cross the border and await […]

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July 26, 2022
2nd Cir.: Substantive Hobbs Act Robbery Not Crime of Violence for Career Offender: Chappelle

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

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July 12, 2022
Serious Drug Offense Depends on Version of Controlled Substance Act

Serious drug offense case remanded to be sentenced without the ACCA enhancement. United States v. Jackson, 21-13963 (11th Cir. 2022) Jackson entered a guilty plea to one count of being a felon in possession of a firearm.  This was in violation of 18 U.S.C. 922(g). According to the factual basis in support of his plea, […]

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July 30, 2021
Failing to Ask for Variance can Serve as Ineffective Assistance of Counsel: Thomas

The failure to ask for a downward variance due to a pending deportation when the PSI gave clues to its viability serves as a reminder to all.

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June 6, 2021
Appellate Courts Split on Application of Safety Valve

The Ninth and Eleventh Circuits came to a Circuit Split on the application of the Safety Valve.

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March 21, 2021
Sixth Circuit Reverses Obstruction Enhancement

The District Court Judge did not sufficiently explain why the obstruction enhancement was warranted.

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