In Florida, the courts generally rely on sentencing guidelines when determining appropriate penalties in criminal cases. The courts can deviate from the guidelines, though, if they determine that doing so is necessary under the circumstances. Recently, a Florida court discussed the grounds for issuing an upward variance sentence in a robbery case in which the defendant appealed his sentence. If you are charged with a violent crime, it is smart to meet with a Tampa violent crime defense lawyer to determine your options for seeking a favorable result.
History of the Case
It is reported that the defendant was charged with attempted Hobbs Act robbery and using a firearm in relation to a crime of violence following an incident where, after accepting a ride from a driver, he attempted to rob the driver at gunpoint. A struggle ensued, and the defendant shot at the driver’s car as the driver fled, but no one was injured. The defendant pleaded guilty to the robbery charge, while the firearm charge was dismissed. The Presentence Report (PSR) calculated the defendant’s total offense level as 24 and assigned four criminal history points based on prior convictions, placing him in Criminal History Category (CHC) III, which resulted in a sentencing guidelines range of 63 to 78 months.
Allegedly, the government sought an upward variance due to the defendant’s escalating criminal behavior, while the defense requested a sentence within the guideline range. The district court sentenced the defendant to 120 months imprisonment, significantly above the guideline range, and three years of supervised release. The defendant appealed, challenging the calculation of his criminal history category. Continue Reading ›