Criminal: Sentencing error requires resentencing

Criminal – Sentencing – Mitigating role adjustment – Rhode Island Lawyers Weekly

Where a defendant who pleaded guilty to drug charges was denied a mitigating role adjustment under the United States Sentencing Guidelines, he must be resentenced because the lower court did not consider the broader universe of reasonably discernible participants involved in the relevant criminal activity.

Criminal – Sentencing – Mitigating role adjustment

Where a defendant who pleaded guilty to drug charges was denied a mitigating role adjustment under the United States Sentencing Guidelines, he must be resentenced because the lower court did not consider the broader universe of reasonably discernible participants involved in the relevant criminal activity.

Criminal: Sentencing error requires resentencing

Where the district court included in its written judgment a search category that was substantially broader than its oral pronouncement, and it failed to expressly incorporate the standard conditions of supervised release adopted in this district, the defendant’s sentence was vacated and the case was remanded for resentencing.