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Criminal Law

: Tenth Circuit Blog

Improper Guidelines Calculation Leads to Too Low of a Sentence, Remand

By Shari Allison

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United States v. Todd, No. 06-6334 (10th Cir. Feb. 12, 2008) District court guidelines sentence based on the 37 grams of meth Defendant was arrested with, rather on the 680 grams he admitted to having dealt in the previous year (and trial evidence tended to confirm multiple sales by Defendant) was clearly erroneous and not harmless, in spite of Gall. This was not a correctly calculated guideline sentence, and the guidelines remain the required starting place. Practice tip: apparently, a more careful sentencing record by the district court might have made the court?s low sentence a bit more appeal proof.

Full post as published by Tenth Circuit Blog on February 15, 2008 (boomark / email).

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Imposing A Guidelines Sentence Does Not Relieve A Judge Of The Obligation To Provide A Rationale For The Sentence Imposed

Juvenile adjudication of "discontinuance" not a "sentence" under 4A1.2. Improper Guidelines calculation not harmless error.

SDNY Judge Holds Misleading Pimentel Letter May Justify Departure Below Sentencing Guidelines

Kimbrough Applied to Meth

Disparity Between State and Federal Sentences for Same Conduct

Effective review of implementation of crack retroactivity

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