Daily Case Update Archive

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February 7, 2008

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Sentencing
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

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U.S. Sixth Circuit Court of Appeals: Other States Cases

 

USA v. Vonner (February 7, 2008) (Appeal from E.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0064p-06.pdf
-  Alvin Vonner argues that his 117-month sentence violates the Sixth Amendment and is unreasonable. We disagree because (1) district courts may, consistent with the Sixth Amendment, find sentencing facts in applying the now-advisory sentencing guidelines, (2) Vonner forfeited his argument that the district court failed adequately to explain its rejection of his arguments for leniency and cannot show plain error and (3) his within-guidelines sentence is reasonable.
 
USA v. Phinazee (February 7, 2008) (Appeal from E.D. TN)
-  http://www.ca6.uscourts.gov/opinions.pdf/08a0065p-06.pdf
-  Defendant-appellant Rafael Phinazee was convicted by a jury of conspiracy to distribute crack and powder cocaine. The presentence report (“PSR”) calculated his total offense level at 38 and placed him in a criminal category of VI, which resulted in a Sentencing Guidelines range of 360 months’ imprisonment to life.1 The district court initially sentenced Phinazee to 360 months’ imprisonment. After his appeal to this court and a subsequent remand in light of United States v. Booker, 543 U.S. 220 (2005), he was re-sentenced to 300 months’ imprisonment. Phinazee again appealed, and now argues that his sentence is substantively unreasonable because the downward variance was not large enough. For the reasons stated below, we AFFIRM defendant’s sentence.
 

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