United States v. Kirby David

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a “substantial” upward variance on a § 922(g)(1) conviction was substantively reasonable in part because of the defendant’s criminal history
• holding no abuse of discretion in “demonstrating with an upward departure or variance that contemptuous disregard for the law can have serious consequences” (cleaned up)
• upholding a 72-month sentence for felon in possession of a firearm that was an upward variance from the Guidelines range of 46 to 57 months
• stating factors already taken into account in calculating the Sentencing Guidelines range may form the basis for a variance
• considering on review “whether the district court’s upward variance was an abuse of the court’s discretion”
• affirming the sentencing court’s reliance on the defendant’s prior convictions as a reason for varying upwards

Source: CourtListener parenthetical corpus (CC0).