Sentences with phrase «advisory guidelines range»

On appeal, we must ensure that the district court properly calculated the advisory Guidelines range as part of its overall consideration of the § 3553 (a) factors.

Here, the district court imposed a sentence of probation when the bottom of Gall's advisory Guidelines range was 30 months» incarceration.

Obviously, the same holds true for sentences dramatically above the advisory Guidelines range.

The persistence of Rule 32 (h): The circuits are nearly evenly split on whether Rule 32 (h) requires a district court to give advance notice before varying from the advisory guidelines range.

The thirty month sentence imposed in this case represents a fifty - seven percent downward variance from the bottom of Bryant's advisory guideline range.

However, without explaining whether Valdes has been overruled by Gall or is distinguishable, the Ramirez opinion affirms simply because «the district court properly calculated the advisory guideline range, considered the relevant § 3553 (a) factors, articulated its reasons in open court, considered Ramirez's arguments, and had a reasoned basis for its decision.»

There is much in this story and in this high - profile sentencing that merits commentary, but I am especially struck by the decision by federal prosecutors to request a sentence here that is more than a decade below the advisory guideline range.

Not exact matches

The guidelines are merely advisory, and the statutory sentencing factors (a laundry list of incommensurables which guides consideration but does not dictate the sentence or even the sentencing range) leave plenty of discretion to the sentencing judge.

(6) Interim support should be ordered within the range suggested by the spousal support advisory guidelines unless exceptional circumstances indicate otherwise;

The advisory Sentencing Guidelines range recommended for the offense to which Pugh pled guilty — knowing possession of images of child pornography that were mailed, shipped or transported by computer in violation of 18 U.S.C. § § 2252A (a)(5)(B) and 2256 (8)(A)-- was 97 to 120 months» imprisonment.