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: Fifth Circuit Blog

Erroneous Relevant Conduct Finding Requires Vacation of Sentence, Even Though Defendant Received Downward Departure

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United States v. Ekanem, No. 06-11407 (5th Cir. Jan. 7, 2009) (Wiener, Garza, DeMoss) As this case nicely illustrates, relevant conduct liability is broad, but not unlimited, and must be supported by reliable evidence. But perhaps more importantly, the case shows that a sentence may be vacated due to a guidelines calculation error---a "significant procedural error" according to Gall---even

Full post as published by Fifth Circuit Blog on January 08, 2009 (boomark / email).

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Tenth Affirms that Cooperation is the Only Basis for Sentences Below Mandatory Minimum

Guidelines-centric approach reasonable and effective where sentence was reduced by downward departure

Downward departure affirmed

Defendant Breached Plea Agreement in Seeking Departure for Overrepresentation and Downward Variance Based on Personal Characteristics

Downward Departure from Guideline Sentence must fall Below Guideline Range

Upward Variance Presumed Reasonable

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