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Case Summaries

Sentencing

[09/05] US v. Ault
In a case challenging enhanced sentencing based on misdemeanors in which defendant was unrepresented, the sentence imposed is affirmed as not violating the Sixth Amendment right to counsel where: 1) two of the four misdemeanors considered did not include incarceration; and 2) plaintiff waived counsel in the remaining two misdemeanor matters.

[09/05] US v. Allday
Sentence for receiving sexually explicit images of minors is affirmed over objections that the district court impermissibly applied a presumption of reasonableness to the sentencing range calculated under the guidelines.

[09/05] US v. Moore
Sentences for unrelated crack cocaine offenses are affirmed where: 1) the courts properly determined that they lacked authority under 18 U.S.C. section 3582(c)(2) to grant the requested sentence reductions in these cases; 2) when a retroactively applicable guideline amendment reduces a defendant's base offense level, but does not alter the sentencing range upon which his or her sentence was based, section 3582(c)(2) does not authorize a reduction in sentence; and 3) although Amendment 706 to the Sentencing Guidelines would reduce the base offense levels applicable to the defendants, it would not affect their guideline ranges because they were sentenced as career offenders under U.S.S.G. section 4B1.1.

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