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Criminal Prosecution Federal Sentencing Guidelines Appeals

Patterson Belknap Webb & Tyler LLP

Second Circuit Rejects Challenge to Stratton Limits on Sentencing Enhancements

In United States v. Sterkaj, the Second Circuit (Cabranes, Raggi, and Nathan) vacated a sentence imposed on Klaudio Sterkaj because it represented an impermissible upward variance under United States v. Stratton, 820 F.2d 562...more

Patterson Belknap Webb & Tyler LLP

Harsh Crack Cocaine Guidelines Not Found To Be Unreasonable In All Cases

In United States v. Lawrence, the Second Circuit (Park, Menashi, and Kahn) affirmed the within-Guidelines sentence of Andrew Lawrence, who pleaded guilty to six counts of distributing and possessing with intent to distribute...more

Jackson Walker

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

Jackson Walker on

On July 24, 2023, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated en banc decision United States v. Vargas, 21-20140...more

Bradley Arant Boult Cummings LLP

One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion does not...more

Cozen O'Connor

Notice of Appeal - Spring 2021

Cozen O'Connor on

Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

Patterson Belknap Webb & Tyler LLP

Court Vacates Term of Supervised Release

In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to...more

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