THADDEUS DANIEL, PETITIONER,
v.
UNITED STATES.

U.S. | 2014-12-08
No. 14–6920.
135 S. Ct. 764 Supreme Court of the United States (2014) Positive Treatment
Also reported at: 190 L. Ed. 2d 636
Cited by 14 cases

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  • United States v. Holt, 777 F.3d 1234 (11th Cir. 2015)
    …d he was less culpable than Barbary and Lewis, who received downward variances. We review the reasonableness of a sentence for abuse of discretion. United States v. Cubero, 754 F. 3d 888, 892 (11th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 764, 190 L.Ed.2d 636 (2014). We consider whether a sentence is substantively unreasonable under the totality of the circumstances and in light of the 18 U.S.C. § 3553(a) factors. Id. In determining a sentence, a district court must evaluate all of the § 3553(a) facto…
  • United States v. Carpenter, 803 F.3d 1224 (11th Cir. 2015)
    …in which we held that the Report “[did] not change the statutory sentencing scheme, the applicable sentencing guidelines, or the binding precedent about § 2G2.2 in this Circuit.” 754 F. 3d 888, 900 (11th Cir.), cert. denied, — U.S. -, 135 S.Ct. 764, 190 L.Ed.2d 636 (2014). The prosecutor also observed that a number of the § 2G2.2 enhancements did not apply in Carpenter’s case, contrary to Carpenter’s claim that the enhancements typically apply across the board. While he opposed Carpenter’s request for a down…
  • United States v. Cavallo, 790 F.3d 1202 (11th Cir. 2015)
    …, as compared to the sentences of his co-defendants. We review the reasonableness of a sentence for an abuse of discretion using a two-step process. United States v. Cubero, 754 F. 3d 888, 892 (11th Cir.2014), cert. denied, — U.S. —, 135 S.Ct. 764, 190 L.Ed.2d 636 (2014). We first look to whether the district court committed any significant procedural error, such as miscalculating the advisory Guideline range or selecting a sentence based on clearly erroneous facts. Id. Then, we examine whether the sentence…

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