10 results for 'cat:"Firearms" AND cat:"Robbery" AND cat:"Sentencing"'.
J. Rushing finds the lower court properly sentenced the defendant to 28 months in prison for violating the terms of his supervised release. The defendant argued the court consulted the wrong policy statement range in fashioning his revocation sentence because South Carolina attempted armed robbery is not a crime of violence under the version of the U.S. sentencing guidelines in effect at the time of his revocation hearing. South Carolina attempted armed robbery is a crime of violence under the residual clause of the guidelines definition in effect at the time of his revocation hearing. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: May 16, 2024, Case #: 16-4489, Categories: firearms, robbery, sentencing
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: firearms, robbery, sentencing
J. Mathis finds defendant's previous conviction in Ohio for aggravated robbery did not constitute a crime of violence under federal sentencing guidelines. The conviction did not include an underlying theft offense that involves the use of force, while that state's definition of robbery is broader than the federal definition of extortion. Therefore, the lower court sentenced defendant on an incorrect guideline and his sentence will be vacated to allow for resentencing. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 20, 2024, Case #: 22-4052, Categories: firearms, robbery, sentencing
J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: firearms, robbery, sentencing
J. Grasz finds a lower court properly sentenced a defendant to 420 months in prison for robbery after he stole travelers checks that were worth $30,000. The defendant argued that his conviction no longer qualified as an Armed Career Criminal Act offense and that the court was obligated to recalculate the length of his sentence. However, the government sufficiently showed in court that the defendant's certificate of appealability barred him from challenging the court's decision. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 5, 2024, Case #: 21-2218, Categories: firearms, robbery, sentencing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Loken finds a lower court properly sentenced a defendant to 72 months in prison and three years probation after he pleaded guilty to being a felon in possession of a firearm. The defendant argued that his sentence is unreasonable. However, the defendant has a prior conviction for second-degree robbery, which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: November 3, 2023, Case #: 22-3634, Categories: firearms, robbery, sentencing
J. Molaison finds that defendant was properly convicted of two counts of armed robbery for a carjacking and sentenced to 50 years' imprisonment with a consecutive five-year hard labor sentence for the firearm enhancement. The sentences are within the statutory guidelines, and the evidence shows defendant entered the victim's car, pointed a gun at the passenger's forehead, and drove over the driver's foot when driving away. After engaging in a high speed chase, defendant crashed the vehicle into a utility pole and resisted arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: August 30, 2023, Case #: 23-KA-11, Categories: firearms, robbery, sentencing
J. Harris finds the lower court properly increased the defendant's sentence on remand. The defendant, initially facing Hobbs Act robbery and firearm offenses, had a poor disciplinary record while incarcerated between court appearances. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: August 1, 2023, Case #: 21-4351, Categories: firearms, robbery, sentencing
J. Thapar finds the lower court properly applied a sentencing enhancement when defendant pleaded guilty to illegally possessing a handgun. His Ohio conviction for robbery, which includes the threat of or physical harm to another individual, qualifies as a crime of violence. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 2, 2023, Case #: 22-3699, Categories: firearms, robbery, sentencing