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Tag Archives: Sentencing Digest

09-3647 U.S. v. Saenz

Sentencing Minor participant Where the only evidence in the record is that the defendant transported money on one occasion, it was error for the district court not to consider a minor participant adjustment. “The question here is whether this one-time ...

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09-2767, U.S. v. Shamah

RICO Lack of supervisory authority; robberies or thefts as predicate acts; sentencing Where a police officer stole drugs and money from drug dealers, his conviction under RICO was appropriate, despite the facts: that he was not an operator or manager ...

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09-1249 & 09-1551 U.S. v. Reyes-Hernandez

Sentencing Fast-track disparities Sentencing disparities created by fast-track programs can be considered by district court judges in non-fast-track districts when crafting individual sentences. “Congress certainly did not instruct the Commission to link § 5K3.1 to statutory maximums or minimums, cf. ...

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2009AP1901-CR State v. Jensen

Sentencing Possessing child pornography Michael Jensen appeals a judgment, entered upon his guilty pleas, convicting him of twenty-seven counts of possessing child pornography contrary to Wis. Stat. § 948.12(1m) (2005-06). Jensen argues the trial court erroneously exercised its sentencing discretion ...

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08-4015 U.S. v. Glosser

Sentencing Procedural errors Where the district court announced that it would impose the mandatory minimum sentence during the change of plea hearing, before it knew the advisory guidelines range or had heard either party’s argument regarding the sentence, the sentence ...

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2009AP2761-CR State v. Jones

Sentencing Plea agreement breach Christopher Jones appeals the amended judgment convicting him of arson to a building, contrary to Wis. Stat. § 943.02(1)(a) (2007-08). He argues that his attorney was ineffective because the State “materially and substantially breached the plea ...

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10-CR-62 U.S. v. Hughes

Sentencing Misprision of a felony A ten-month sentence, concurrent with a state court sentence is reasonable for misprision of a felony. “The guidelines called for a term of 30-36 months, but under the circumstances I found a lesser term sufficient ...

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09-3333 U.S. v. Figueroa

Sentencing Procedural reasonableness Even though a defendant received a sentence at the bottom of the applicable guideline, he is entitled to resentencing, where the district court referenced numerous irrelevant considerations. “We understand that sentencing is an individual, and at times ...

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