U.S. v. Tate

74 Citing cases

  1. U.S. v. Burleson

    419 F. App'x 649 (6th Cir. 2011)   Cited 2 times
    Rejecting rule 32 argument because the defendant did "not allege how this may have affected the outcome of her sentencing" by, for example, "disput[ing] the facts presented in the PSR or otherwise alleg[ing] that she was sentenced based on inaccurate information"

    Because no objection was made at sentencing, we review this claim for plan error. See United States v. Tate, 516 F.3d 459, 465-66 (6th Cir. 2008). Burleson cannot establish that the alleged violation of Rule 32(i)(1)(A) affected her substantial rights, and we therefore AFFIRM.

  2. U.S. v. Herrera-Zuniga

    571 F.3d 568 (6th Cir. 2009)   Cited 246 times
    Holding that the failure to specify whether a sentencing deviation constitutes a variance or departure "does not affect our ability to review the reasonableness of the deviation"

    Thus, even if we were to accept Herrera-Zuniga's argument that his criminal history score adequately accounted for the seriousness of his past criminal conduct, that would not have precluded the district court from imposing an above-Guidelines sentence in this case. See United States v. Tate, 516 F.3d 459, 468 (6th Cir. 2008) (affirming upward departure under § 4A1.3 where sentencing judge based its departure on "a wide range of considerations," some of which were not directly related to defendant's criminal history). The only requirement is that the court determine, "in light of all the facts and circumstances of the particular case before it, whether the range in question is appropriate to the case."

  3. U.S. v. Weldon

    275 F. App'x 462 (6th Cir. 2008)   Cited 7 times

    The district court's overall sentencing determination is reviewed for reasonableness. United States v. Tate, 516 F.3d 459, 464 (6th Cir. 2008) (citing United States v. Thomas, 498 F.3d 336, 339 (6th Cir. 2007)). The reasonableness of a sentence is reviewed under a deferential abuse-of-discretion standard.

  4. United States v. Holt

    116 F.4th 599 (6th Cir. 2024)   Cited 7 times

    Applying this test, we have held that defendants do not preserve an objection under Rule 32(i)(1)(A) merely by asserting that they have not read their presentence report or discussed it with their attorney. See United States v. Tarpley, 295 F. App'x 11, 16-17 (6th Cir. 2008); United States v. Tate, 516 F.3d 459, 465-66 (6th Cir. 2008). Rather, defendants must object to a court's decision to proceed with the sentencing

  5. United States v. Ferguson

    No. 22-2151 (6th Cir. Mar. 13, 2024)   Cited 1 times

    When a defendant does not challenge the procedural reasonableness of his sentence, this court may "limit our reasonableness review" to whether the sentence was substantively reasonable. United States v. Tate, 516 F.3d 459, 470 (6th Cir. 2008). The "touchstone" of this court's substantive reasonableness review is "'whether the length of the sentence is reasonable in light of the § 3553(a) factors.'"

  6. United States v. Gardner

    32 F.4th 504 (6th Cir. 2022)   Cited 60 times
    Affirming the district court's conclusion that the defendant was responsible for "five to 15 kilograms of cocaine" based on testimony that the defendant coordinated transactions for 2.5 kilograms of cocaine, 4.5 kilograms of cocaine, and 5 kilograms of cocaine

    As to substance, the "touchstone" of our review is "whether the length of the sentence is reasonable in light of the § 3553(a) factors." United States v. Tate , 516 F.3d 459, 469 (6th Cir. 2008). We presume a within-Guidelines sentence is substantively reasonable.

  7. U.S. v. Erwin

    426 F. App'x 425 (6th Cir. 2011)   Cited 7 times
    Holding that "funneling of transactions through relatives in order to disguise the origin of funds is sufficient to support an enhancement for sophisticated means." (citing United States v. May, 568 F.3d 597, 607 (6th Cir. 2009))

    Therefore, we need not review for procedural reasonableness. See United States v. Tate, 516 F.3d 459, 469 (6th Cir. 2008). "Substantive reasonableness turns on whether the length of the sentence is unreasonable because the sentencing court `select[ed] the sentence arbitrarily, bas[ed] the sentence on impermissible factors, . . . or [gave] an unreasonable amount of weight to any pertinent factor.'"

  8. U.S. v. Lanning

    633 F.3d 469 (6th Cir. 2011)   Cited 113 times
    Finding that a defendant's history of theft justified an upward variance for a theft sentence because the defendant "essentially made his living as a thief"

    Moreover, "[a]lthough this court's presumption of reasonableness applies only to sentences inside of the Guidelines range, there is no presumption against a sentence that falls outside of the range." United States v. Tate, 516 F.3d 459, 469-70 (6th Cir. 2008) (emphasis omitted). "Procedural reasonableness requires that a district court must properly calculate the guidelines range, treat the guidelines as advisory, consider the § 3553(a) factors and adequately explain the chosen sentence — including an explanation for any variance from the guidelines range."

  9. U.S. v. Nesbitt

    390 F. App'x 497 (6th Cir. 2010)   Cited 1 times

    "The touchstone for our review [for substantive reasonableness] is whether the length of the sentence is reasonable in light of the § 3553(a) factors." United States v. Tate, 516 F.3d 459, 469 (6th Cir. 2008). Nesbitt does not argue that the district court selected his sentence arbitrarily or based the sentence on impermissible factors.

  10. U.S. v. Stephens

    385 F. App'x 491 (6th Cir. 2010)

    To survive appellate review, a sentence must be both substantively and procedurally reasonable. United States v. Tate, 516 F.3d 459, 469 (6th Cir. 2008). In his second appeal, Stephens argues that his sentence of 270 months' imprisonment was not reasonable because the district court failed to consider the § 3553(a) factors and because the district court should not have applied the career offender enhancement that resulted in a much higher guidelines range.