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Tag Archives: Sentencing Digest

10-3400 U.S. v. Runyan

Sentencing Family responsibilities A downward departure pursuant to U.S.S.G. 5H1.6 can only be based on current, not past, caregiving responsibilities. “Runyan’s caregiving claim here was so thin as not to require comment. He emphasizes the extent of his own sacrifice, ...

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09-2520 U.S. v. Aldridge

Sentencing Guideline range When imposing a sentence outside of the applicable guideline range, the district court should explain the reason with reference to the sec. 3553(a) factors, not by reference to a guideline range the court thinks more appropriately reflects ...

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10-2303 U.S. v. Duncan

Sentencing Crack cocaine That the government did not oppose a co-defendant’s motion for sentence reduction under 18 U.S.C. 3582(c)(2) does not entitle the defendant to a reduction. “As for the issue of a codefendant’s successful § 3582(c)(2) motion, the distinction ...

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10-2576 U.S. v. Collins

Sentencing Identity theft A 108-month sentence for 22 counts of identity theft is not unreasonable. “The defendant asserts that the district court failed to consider his mitigating factors, including: his childhood trauma, cooperation with the authorities, his stroke and the ...

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09-3748 U.S. v. Snyder

Sentencing Guidelines Where the sentencing court made no reference to the guideline range at all, the sentence must be vacated. “Although the district court need not explain why a sentence differs from the Sentencing Commission’s recommendation as long as the ...

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09-1611 U.S. v. Fuchs

Sentencing Position of trust enhancement Where a mortgage broker only defrauded lenders, not borrowers, the sentencing court should not have enhanced the sentence under U.S.S.G. 3B1.3 for abusing a position of trust. “During the sentencing proceeding, the government did not ...

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