Criminal Law
: Tenth Circuit BlogUpward Variance OK
By Shari Allison (all)
U.S. v. Taghizadeh, 2008 WL 17901291 (4/21/08) (unpub'd) - The 10th affirms an upward variance from 121 months to 216 months on the grounds that the sexual-exploitation-of-a-minor Guidelines contemplated neither the videotaping of sexual acts [as opposed to sexually explicit poses] nor the defendant participating in the sexual acts. Those were two separate, [not double-counting] factors that justified the variance. Importantly, though, the 10th confirmed the continued vitality of the Atencio case, 476 F.3d at 1106, asserting that a district court commits a procedural error if its reason for a variance is already factored into the sentence or it uses the same justification to support multiple deviations from the guideline range. That contention might [or might not] be in some tension with U...continue to full post
Full post as published by Tenth Circuit Blog on April 29, 2008 (boomark / email).
Valdes: No reasons for extraordinary variance
In U.S. v. Valdes, No. 06-15951 (Sept. 18, 2007), the Court vacated a 108-month sentence, which exceeded the 41-51 month range of the PSI, and the 57-71 month range urged by the government...
"Impermissible Factors" Follow-up
As a follow-up to my recent blogpost about U.S. v. Davis, I did some research into what the Sixth Circuit had found to be "impermissible factors" outside of Davis...
MA Appeals Court Finds Property Owner Failed to Exercise Rights Under Variance Sufficient to Prevent its Lapse
The Town granted Paul Cornell a variance to subdivide a parcel into two lots. After more than a year, Cornell applied for a building permit...
NY Appellate Court Says Failure to Name Applicant in a Lawsuit Challenging Granted Use Variance was Fatal
In protracted litigation following the granting of a use variance by the NYC Board of Standards and Appeal (BSA) to allow 160 Imlay Real Estate (Imlay) to change the use of a building in an M2-1 zoning district which permits manufacturing, commercial and retail use, to permit a residential use...
CA1: First bends to affirm enhanced sentence because of unresolved conduct and non-noticed conduct
US v. Politano, No. 06-2342 affirms an upward Booker variance. Applying Gall v. United States, 128 S...
Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant
In upholding the decision of a zoning board denying an area variance, the Appellate Division in Fowlkes v Board of Zoning Appeals of the Town of North Hempstead noted that the variance could not have been limited in time to the term of ownership of the present applicant...
#1 Online Legal Resource
On 08-28 at 21:13PM
Ten months later, Fed must reveal names of emergency lending recipients #FOIA
On 08-25 at 19:02PM
Squeaky Fromme, would-be Ford assassin and Manson devotee, released from prison
On 08-14 at 15:19PM
Likely unintended consequence of cash-for-clunkers stimulus is dampening of 2010 spending
On 08-14 at 14:34PM
Palm seeks to halt Palm Pre Android theme on copyright and trademark ground
On 08-12 at 17:30PM
Congressional investigation demonstrates Karl Rove lied about his active role in US attorney's firing
On 08-12 at 16:20PM
Family of New York City swine flu victim to sue city for failure to secure school #nyc #swineflu
On 08-12 at 12:59PM
Real Network's DVD copying software deemed to break DMCA's anti-circumvention provisions
On 08-12 at 12:57PM
Prepaid funeral operators indicted for $100 Million fraud
On 08-12 at 12:53PM
NY Jets join Cincinnati, Dallas, Green Bay, Houston & Seattle #NFL teams offering branded state lottery games
On 08-12 at 12:43PM
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| Get GoDaddy Hosting
All original material © 1999-2009 by USLaw.com. All other material, including Blog Directory feed content, are © by their respective copyright holders. |