variance-sentence
5 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6406 | Lawrence Joseph Florentine v. United States | Fourth Circuit | 2025-12-18 | Denied | Response WaivedIFP | appellate-review judicial-discretion legal-error sentencing-guidelines statutory-interpretation variance-sentence | Does a district court's announcement that it would have imposed the same sentence as an "alternate variance sentence" insulate an erroneous legal ruli… |
| 23-7502 | Kevin Day v. United States | Fourth Circuit | 2024-05-17 | Denied | Response WaivedIFP | 4a1.3(b) criminal-history district-court-discretion downward-departure fourth-circuit motion-to-dismiss sentencing-guidelines variance-sentence | I. Whether the District Court abused its discretion by failing to give Mr. Day a variance sentence and a shorter period of incarceration based upon a … |
| 23-5766 | Richard Todd Haas v. United States | Fourth Circuit | 2023-10-12 | Denied | Response WaivedIFP | 18-usc-3553(a) 3553a-factors appellate-review criminal-sentencing fourth-circuit procedural-error sentencing-guidelines variance-sentence | Is the Fourth Circuit's plausibility test for evaluating a variance sentence under the 18 U.S.C. § 3553(a) factors, because it is untethered from any … |
| 18-6206 | Jason Randall Howard v. United States | Fourth Circuit | 2018-10-03 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence | 1. Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarr… |
| 18-16 | Larone Frederick Elijah v. United States | Fourth Circuit | 2018-07-02 | Denied | Response RequestedResponse WaivedRelisted (2) | appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence | In Rosales-Mireles, 138 S. Ct. 1897 (2018), this Court held that "before a court of appeals can consider the substantive reasonableness of a sentence,… |