In a significant grant of certiorari for ACCA sentencing, the Supreme Court has chosen to hear the case Erlinger v. United States. When the Court grants certiorari, it means they are committing to hear and decide on a case. Understanding this process, it's noteworthy that out of over 7,000 cases presented each year, the Court selects […]
Category: Sentencing
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Court of Appeals Vacates Sentence Based on Belief that Guidelines Require Consecutive Sentence: Lanier Read More
Lanier was initially convicted of three counts of conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. 1951(a), and three counts of brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. 924(c). He was sentenced to 946 months imprisonment by the district court. However, following […]
Tenth Circuit Vacates Sentence After Insufficient Information About Enhancement: Brooks Read More
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. […]
First Circuit Holds District Court Failed to Articulate Plausible Rationale for Imposing Upward Variance Read More
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 […]
First Circuit Vacates Sentence Based on Inadequate Explanation for Upward Variance: Munoz-Fontanez Read More
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 […]
Seventh Circuit Vacates and Remands Sentence for Failure to Make Findings on Drug Dispute and Imposing a Sentence Above the Statutory Max: Barfield Read More
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 […]
Ninth Circuit Remands For Resentencing and Consideration of Minor Role Adjustment: Rodriguez Read More
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 […]
2nd Cir.: Substantive Hobbs Act Robbery Not Crime of Violence for Career Offender: Chappelle Read More
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 […]
Serious Drug Offense Depends on Version of Controlled Substance Act Read More
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, […]
Failing to Ask for Variance can Serve as Ineffective Assistance of Counsel: Thomas Read More
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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