(DOWNLOAD) "United States v. Matheny" by United States Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Matheny
- Author : United States Court of Appeals
- Release Date : January 16, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This case concerns (1) whether defendant Jerry Matheny received adequate notice, pursuant to Federal Rule of Criminal Procedure 32(h), of specific grounds for an upward departure from the advisory guidelines recommended range, (2) whether the sentence imposed was reasonable, and (3) whether the district courts consideration of Mathenys prior arrest requires reversal under plain error review. Matheny pled guilty to being a felon in possession of a firearm, distributing marijuana, and possessing dihydrocodeinone with the intent to distribute. The district court determined that, under the federal sentencing guidelines, the proper sentencing range was from 24 to 30 months imprisonment. The district court, nevertheless, decided that the guidelines range failed to account for the seriousness of Mathenys criminal history. The district court thus imposed an upward departure and sentenced Matheny to thirty-six months imprisonment.