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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.
July 14, 2024
Tenth Circuit Reverses Enhancement Applications in "Interesting" Fraud Case: Hess/Koch

Hess and Koch are Charged and Plead Guilty to a Very Different Type of Fraud Case Hess and Koch, persons who owned and worked at a funeral home respectively, were accused of crimes relating to owning a funeral home. Their funeral home would meet with persons seeking cremations for themselves [in the future] or loved […]

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July 13, 2024
First Circuit Upholds Time Served Sentence in Win for Accused: Vinas, 23-1446

Vinas Pleads Guilty to Offenses Around Murder-For-Hire, Gets Time Served Vinas was implicated in a murder-for-hire case. Undercover officers, working on a tip, contacted Vinas, who indicated that he wanted someone to kill two people for unpaid construction work. Vinas and the undercover met several times to discuss the matter and Vinas paid two deposits […]

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June 5, 2024
Supreme Court Makes Armed Career Criminal Act Ruling: Brown

This case involves two persons who were charged with 922(g) offenses and enhanced by the Armed Career Criminal Act. Two Separate Cases, Two ACCA Enhancements Brown sold drugs to police officers in a series of controlled buys. The police officers conducted a search pursuant to a warrant of his home and found a gun. He […]

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November 30, 2023
Certiorari for ACCA Sentencing Granted: Erlinger v. United States

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 […]

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August 14, 2023
Court of Appeals Vacates Sentence Based on Belief that Guidelines Require Consecutive Sentence: Lanier

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 […]

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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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