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Judge Kermit V. Lipez

Jun 26, 2025

Criminal – Supervised release

Where a defendant received the statutory maximum sentence for violating the terms of his supervised release, the defendant must be resentenced because the lower court erroneously determined that the defendant’s violations fell within the most serious category of such transgressions.

Apr 11, 2025

Criminal – Downward variance – Child pornography

Where a defendant who pleaded guilty to one count of possession of child pornography was sentenced to time served (21 days) and seven years of supervised release, the defendant must be resentenced because the district court did not adequately explain its basis for granting such an extraordinary downward variance.

Apr 11, 2025

Immigration – Hardship – Psychological report

Where applications for cancellation of removal were denied on the basis that the petitioners did not establish that their removal and relocation to Guatemala would impose “exceptional and extremely unusual hardship” on their children who are United States citizens, a remand must be ordered because the Board of Immigration Appeals legally erred by failing to consider the findings in a psycholog[...]

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