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[7] The federal prosecutor for the case initially requested a 15-year prison sentence via an upward departure for terrorism (the first time this had been requested for a Capitol riot case), claiming that Reffitt was a domestic terrorist and that he wanted to physically remove and replace Congress members.
The government asked Mehta to sentence Caldwell to four years in prison, seeking an upward departure from federal sentencing guidelines. Prosecutors suggested that, without doing so, Caldwell ...
If the defendant is subject to an enhanced sentence under 18 U.S.C. § 521 (pertaining to criminal street gangs), an upward departure may be warranted. The purpose of this departure provision is to enhance the sentences of defendants who participate in groups, clubs, organizations, or associations that use violence to further their ends.
[11] [17] On September 9, 1995, U.S. Federal District Court Judge James A. Redden sentenced Shannon to 20 years in prison—a substantial upward departure from sentencing guidelines. In sentencing her, Redden called her a terrorist. He sided with prosecutors who contended that Shannon was a threat even from behind bars.
[1] [15] [16] This was greater than the one-year sentence her defense requested, but less than the five to seven-year sentence requested by the prosecution. [15] [16] However, Ball said that upward departure was merited due to the ramifications of Dookhan's misconduct. Ball wrote, "Innocent persons were incarcerated, guilty persons have been ...
The perjury finding qualified Sharma for a two-level obstruction of justice upward departure from the federal sentencing guidelines. [4] Sharma's attorney said he would file an appeal. [5] [7] On August 24, 2010, the Eleventh Circuit of the US Court of Appeals affirmed Sharma's convictions and life sentence.
The only exceptions were nine Oath Keepers (Rhodes, Meggs, Harrelson, Caldwell, Watkins, Minuta, Vallejo, Moerschel, and Hackett) and five Proud Boys (Nordean, Biggs, Rehl, Pezzola, and Bertino). These 14 people had their sentences commuted to "time served," allowing them to be released from prison immediately, but their convictions stood. [138]
United States that courts did not have discretion to depart upward from the guidelines, which then had the force of law, without notifying the parties. [15] But since Booker had held that the guidelines were advisory, courts were freer to adjust sentences as long as they started from a range derived from the guidelines. "Thus, district courts ...