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Category: Case Law

11th Circuit Vacates Above Guidelines Sentence

November 1, 2017 By Mark AllenbaughLeave a comment

On October 30, 2017, the 11th Circuit vacated and remanded a 60-month sentence in United States v. Mathews.  In Mathews, the defendant, a VA nurse, altered medical records to cover up his lack of care for a veteran recovering from surgery.  The veteran ultimately died as a result.  The defendant pleaded guilty.  While on pretrial release, the

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Fifth Circuit Remands in Restitution Matter

October 23, 2017 By Mark AllenbaughLeave a comment

On October 19, 2017, in a per curiam decision, the Fifth Circuit reversed a restitution award where the purported victim had received the services contracted for.  In so holding, the Fifth Circuit noted that restitution was not punitive in nature.  This is in conflict with some circuits that hold restitution is punitive in nature. The

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Seventh Circuit Reverses Denial of Ineffective Assitance of Counsel Claim

October 23, 2017 By Mark AllenbaughLeave a comment

On October 20, 2017, the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s denial of a defendant’s claim that his attorney provided ineffective assistance of counsel by failing to inform the defendant of a plea offer for 15 years in a sex trafficking case.  The defendant went to trial, lost, and

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6th Cir. Reverses 18-Month Sentence as Unreasonable

October 20, 2017 By Mark AllenbaughLeave a comment
rehabilitation, drugs, remand, vacate, sentence, sentencing, due process

On October 11, 2017, the U.S. Court of Appeals for the Sixth Circuit reversed an 18-month sentence imposed on a 71-year-old defendant who was addicted to drugs and had violated the terms of his supervised release.  The district court erroneously relied on an uncorroborated statement by the government that drug addicts required 18 months of

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United States v. Robles-Alvarez, No. 16-1222 (1st Cir. 2017)

October 20, 2017 By Mark AllenbaughLeave a comment
First Circuit Court of Appeals Sentencing

In a large-scale cocaine trafficking appeal of a life sentence, the First Circuit reversed and remanded where the district court failed to address the defendant’s argument for a downward variance from his life sentence based on the sentences of his co-conspirators, which were considerably less, ranging from 46 to 210 months.  The First Circuit emphasized

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