US v. Walters, No. 05-51634
A discharged Air Force airman's 982 month sentence for the use of a destructive device in a crime of violence and related offenses is vacated and remanded where the district court did not give adequate explanation justifying a non-Guideline 60 year sentence
Showing posts with label relevant conduct. Show all posts
Showing posts with label relevant conduct. Show all posts
Monday, June 25, 2007
Tuesday, June 12, 2007
district court erred in failing to state its specific findings
US v. Bearam, No. 05-2823
Conviction and sentence for conspiring to distribute cocaine base, operating a business that distributed controlled substances, and distributing and possessing with intent to distribute controlled substances are affirmed except as to sentence which is remanded for resentencing where the district court erred in failing to state its specific findings regarding the amount of narcotics for which defendant is responsible and defendant's role in the offense
Conviction and sentence for conspiring to distribute cocaine base, operating a business that distributed controlled substances, and distributing and possessing with intent to distribute controlled substances are affirmed except as to sentence which is remanded for resentencing where the district court erred in failing to state its specific findings regarding the amount of narcotics for which defendant is responsible and defendant's role in the offense
Wednesday, June 06, 2007
court impermissibly and prejudicially participated in plea negotiations with defendant
US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant.
conspiring to deal in and transport firearms is vacated
US v. Cavera, No. 05-4591
Sentence based on guilty plea to conspiring to deal in and transport firearms is vacated where the district court's reliance on community-specific characteristics, such as population density, to impose a non-Guidelines sentence constituted legal error and rendered defendant's sentence unreasonable
Sentence based on guilty plea to conspiring to deal in and transport firearms is vacated where the district court's reliance on community-specific characteristics, such as population density, to impose a non-Guidelines sentence constituted legal error and rendered defendant's sentence unreasonable
Wednesday, February 28, 2007
relevant conduct vacated
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. McGowan, No. 06-1546 (7th Cir. February 28, 2007)
Sentence for distributing cocaine is vacated and remanded to the district court where the government did not meet its burden of proving that relevant conduct used to enhance defendant's sentence was part of the same course of action or common scheme or plan that gave rise to the defendant's conviction.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/7th/061546p.pdf
US v. McGowan, No. 06-1546 (7th Cir. February 28, 2007)
Sentence for distributing cocaine is vacated and remanded to the district court where the government did not meet its burden of proving that relevant conduct used to enhance defendant's sentence was part of the same course of action or common scheme or plan that gave rise to the defendant's conviction.
[To view the full-text of cases you must sign in to FindLaw.com.] http://caselaw.lp.findlaw.com/data2/circs/7th/061546p.pdf
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