8 results for 'cat:"Sentencing" AND cat:"Obstruction"'.
J. Millett vacates defendant's sentence following his conviction for his part in the January 6 riot of the Capitol Building. The administration of justice enhancement does not apply to the interference with the legislative process of certifying electoral votes. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 1, 2024, Case #: 23-3045 , Categories: sentencing, obstruction
J. Clement finds the district court improperly applied a sentencing enhancement for obstruction of justice after defendant pleaded guilty to child pornography possession when his wife discovered images on his phone and reported him. Defendant's wife later decided to defend him, and the enhancement was applied based on a conversation they had about a letter of support she was writing for his sentencing proceeding. A case cited by the government is distinguishable in that defendant coordinated with his wife, not a criminal counterpart, telling her to use her own words. No obstruction exists in defendant's answering his wife's questions about what he thought she should say. Vacated.
Court: 5th Circuit, Judge: Clement , Filed On: February 15, 2024, Case #: 23-50100, Categories: sentencing, obstruction, Child Pornography
J. Heytens finds the lower court improperly did not provide a sufficient explanation of its rationale for applying an obstruction of justice enhancement. The defendant is accused of trading gunshots with another man late at night. When police arrived on the scene, they found the defendant, who claimed not to be a victim, rather than one of the two men firing shots. The defendant not sharing that he had also fired shots does not count as concealment to obstruct justice. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: January 8, 2024, Case #: 21-4281, Categories: Firearms, sentencing, obstruction
J. Higginson finds the trial court properly convicted defendant for being a felon in possession of a firearm and attempted obstruction of a federal proceeding. The government presented sufficient evidence to support the convictions. However, the judge did not have the authority to order that the sentence run concurrently with a previous revocation sentence, as a retraction of the order resulted in 27 months greater time. Affirmed in part.
Court: 5th Circuit, Judge: Higginson , Filed On: December 4, 2023, Case #: 22-30442, Categories: Firearms, sentencing, obstruction
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J. Riedmann finds the trial court properly convicted defendant by no-contest plea for burglary and obstruction. Defendant was caught in the act of stealing an Xbox from an apartment when police responded to the apartment manager’s call. The minimum limit of defendant’s combined concurrent sentences is 16 months and the court’s statement of parole eligibility was nine months. Pronounced terms prevail over any conflict with truth-in-sentencing advisements. Without loss in good time, defendant is parole eligible after eight months. Because the truth-in-sentencing statements are not part of the sentence, no modification is required. The record does not disclose conversations between counsel and defendant and the court of appeals is unable to review claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 17, 2023, Case #: A-23-170, Categories: Burglary, sentencing, obstruction
J. Lee finds that the lower court properly sentenced defendant to 300 months in prison for distributing meth, including an obstruction of justice enhancement. The evidence clearly shows that defendant made a phone call instructing an associate to "get the stash out of the house" and hide evidence of drug trafficking after he found out the house was going to be searched. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: September 11, 2023, Case #: 22-2131, Categories: Drug Offender, sentencing, obstruction
J. Chaisson finds that defendant was properly convicted of attempted second degree murder, possession of a firearm by a convicted felon, and obstruction of justice. The 70-year enhanced sentence for the attempted second degree murder conviction was properly imposed based on the violent nature of the crime. The evidence shows that defendant shot the victim multiple times, and the bullets hit the victim's lungs, liver, kidney, bladder and heart, rendering the victim paralyzed. However, the 40-year sentence resulting from the obstruction of justice conviction should be vacated because, under statute, the penalty should not be imprisonment for more than 20 years. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: June 21, 2023, Case #: 22-KA-562, Categories: Murder, sentencing, obstruction