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Criminal Law

: Tenth Circuit Blog

Court Affirms Upward Variance to 30 Years

By Shari Allison

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United States v. Tommy Pena, Docket No. 19-2050 (10th Cir. June 24, 2016) (published): The Tenth affirms a huge upward sentencing variance.Mr. Pena was convicted of a variety of crimes, including carjacking, felon in possession, and 18 USC 924(c). Under the 2010 guidelines, he was both ACCA and a career offender, and he was sentenced to 40 years in prison, based on the mandatory minimum sentence of 30 years for being a career offender under the guidelines and a consecutive 10-year sentence for the 924(c) conviction. Following the decision in Johnson v. U.S., 135 S.Ct. 2551 (2015), he filed a motion under 28 USC 2255, which was granted because Mr. Pena?s prior state conviction for shooting at an occupied building or dwelling was no longer a crime of violence or violent felony...continue to full post

Full post as published by Tenth Circuit Blog on July 02, 2020 (boomark / email).