After defendant entered a plea of guilty to a drug conspiracy charge, the Government filed a motion for a reduction in sentence based upon the substantial assistance that defendant provided for the investigation and prosecution of another person. The Government recommended a 15% reduction in sentence from that set forth ...
In this case the Court delved into a number of complex issues regarding when and whether state and federal sentences should run concurrently or consecutively under the provisions of U.S.S.G. § 5G1.3. The Court explained those issues as follows: "On appeal, Fifield presents three questions relating to the district court's ...
Defendant, Lynne Stewart, an attorney and visitor of a terrorist inmate, filed a Fed. R. Civ. P. 33 motion for a new trial, or in the alternative, an evidentiary hearing based on allegations of juror misconduct during the voir dire examination, following their convictions on conspiracy and related charges.
Nearly ...
Defendant pled to an information which charged him with a conspiracy to distribute cocaine base from on or about September 12, 2003, through December 30, 2004. Defendant turned eighteen on September 11, 2003. Defendant contested the inclusion in a presentence investigation report of conduct which predated his eighteenth birthday for ...
"After Booker, although the Sentencing Guidelines are advisory, sentencing judges nevertheless are required to compute correctly the applicable sentencing range; they then may depart from this range if appropriate justification is offered for the departure. Sentences that fall within a properly computed sentencing range are entitled to a "rebuttable presumption ...
Defendant appealed from the sentence imposed by the United States District Court for the Northern District of Iowa, following his guilty plea to receiving child pornography in violation of 18 U.S.C. § 2252(a)(2)(A), challenging the reasonableness of the sentence and the validity of several special conditions of his supervised release. ...
Defendant challenged a decision from the United States District Court for the Western District of Texas, which convicted him of violations of 18 U.S.C. §§ 844(i), 924(c)(1) and imposed a sentence under U.S. Sentencing Guidelines Manual § 3A1.4.
Defendant threw a homemade explosive device into a city building to destroy ...
In this case, the First Circuit articulated a significant limit on the acceptable justifications for a non-Guidelines sentence. Here, the district court had sought to reduce the infamous 100:1 ratio between a Guidelines sentence for crack-versus powder-cocaine. Because the defendant's sentencing took place post-Booker, the district court believed that it ...
Here the Court imposed a non-Guidelines sentence based on several considerations, including the existence of geographical sentencing disparities created by fast-track, early disposition progams for illegal reentry cases in some jurisdictions.
