Citing to the ussg
Web6USSG §5K1.1. Note that substantial assistance sentencing departures can supplant more than just the guideline range. Under 18 U.S.C. § 3553(e), the court is granted the authority to impose a sentence below a statutory minimum sentence as appropriate in response to the government’s motion for a substantial assistance WebJul 21, 2016 · Munn, 595 F.3d 183, 192 (4th Cir. 2010) (citing USSG §1B1.1 (2009)). We took the opposing view: A departure necessarily comes after the defendant's "applicable guideline range" is established. Analyzing the language of §1B1.10, §1B1.1, and its application note, we held that the applicable guideline range is the range that applies …
Citing to the ussg
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WebSep 15, 2024 · See id. at 243 (citing USSG § 3B1.1 app. note 3 (listing factors showing leadership including degree of control, scope of illegal activity, and claiming the larger share proceeds)). And the conspiracies were "extensive" for purposes of the leadership enhancement; evidence at trial showed each conspiracy had at least five members. See … WebAug 20, 2009 · United States v. Blount, 337 F.3d 404, 406 (4th Cir. 2003) (citing former USSG § 2K2.1(b)(5) (2001)). To determine whether the enhancement should apply, the district court must consider whether the defendant committed a separate felony offense and whether the firearm underlying the conviction was possessed "in connection with" the …
WebCiting parts of chapters. When the reference cited is a part of a larger report, care should be taken to distinguish the part from the whole. Generally, the title of the part is cited first, followed by "in," or by "chap. 2 … WebDec 9, 2024 · Johnson, 155 F.3d at 683 (citing USSG § 1B1.1). USSG § 1B1.1 instructs a sentencing court to “[a]pply the adjustments as appropriate related to victim, role, and obstruction of justice from Parts A, B, and C of Chapter Three” before moving on to “[d]etermine from Part B of Chapter Four any other applicable adjustments”—which …
WebAug 11, 2003 · Holbert, 285 F.3d 1257, 1263 (10th Cir. 2002) (citing USSG § 4A1.2, comment. (n. 2)). The Guidelines make no "distinction as to how or when the defendant must serve the sentence, such as receiving time off for good behavior, surrendering voluntarily at some future date or getting credit for time spent awaiting trial." WebOct 1, 2003 · United States v. Harrison, 272 F.3d 220, 223 (4th Cir. 2001) (citing USSG § 1B1.3). Therefore, the defendant is accountable for the reasonably foreseeable conduct of all others involved in perpetrating the armed robberies. II. Discussion. A. Application of "Otherwise Used" classification under USSG § 2B3.1.(b)(2)
WebJun 10, 2024 · USSG § 1B1.13. Because Allison is not at least 70 years old and was not sentenced under 18 U.S.C. § 3559(c) ... (M.D. Fla. Mar. 27, 2024) (same; citing Eberhart, 2024 WL 1450745, at *2)).) Although Allison seeks to portray the Bureau of Prisons' response as inadequate, she is housed at a medical center. Allison has not made any …
Web287 (4th Cir. 2024) (brackets omitted) (quoting USSG §2K2.1 cmt. n.14(A)). Notably, a presumption in favor of facilitation applies when (1) the other felony offense is a drug … havana tallboyWebDec 9, 2024 · Johnson, 155 F.3d at 683 (citing USSG § 1B1.1). USSG § 1B1.1 instructs a sentencing court to "[a]pply the adjustments as appropriate related to victim, role, and obstruction of justice from Parts A, B, and C of Chapter Three" before moving on to "[d]etermine from Part B of Chapter Four any other applicable adjustments"—which … havana symptomsWebOct 8, 2024 · Bolton, 858 F.3d 905, 915 (4th Cir. 2024) (citing USSG § 3E1.1 cmt. n.1). While pleading guilty and truthfully admitting the underlying offense constitutes “significant evidence of acceptance of responsibility,” “this evidence may be outweighed by conduct of the defendant that is inconsistent with such acceptance of responsibility.” racniss makeup