Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant?

MultiRegion, United States of America

The following excerpt is from United States v. Kramrish, 13- 4482 (con), 14- 252(con), No. 13-3633(L)-cr (2nd Cir. 2015):

2006), abrogated on other grounds by Rita v. United States, 551 U.S. 338 (2007). Here, the non-appealing co-defendants accepted responsibility for their crimes, resulting in a three-level reduction in their applicable Guidelines range; in contrast, the appealing defendants did not accept responsibility and continue to proclaim their innocence. As to the second contention, the district court explicitly noted that it considered all the 18 U.S.C. 3553(a) factors during each of the defendants' sentencing hearings, and "[t]he weight to be afforded any given argument made pursuant to one of the [18 U.S.C.] 3553(a) factors is a matter firmly committed to the discretion of the sentencing judge and is beyond our review, as long as the sentence ultimately imposed is reasonable in light of all the circumstances presented." Fernandez, 443 F.3d at 32. In light of the seriousness of the defendants' crimes, the district court was not required to give greater weight than it did to the various mitigating circumstances defendants proffered. Thus, the defendants' substantive reasonableness challenges must fail.

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