EPISODE · Jul 26, 2026 · 36 MIN
United States v. Trayvon Murphy: Appeal and Resentencing Verdict
from Swear on the Stand · host Daniel W. Swear
This episode from the United States Court of Appeals for the Fifth Circuit details the appeal of Trayvon Murphy regarding his criminal sentence for conspiracy and robbery. While the court upheld the district court’s decisions on drug quantity calculations, witness credibility, and the standard of proof, it ultimately reversed the sentence based on a technical application of the Sentencing Guidelines. The majority determined that a homicide-based sentencing enhancement was improper because the specific rifle used in a murder was not explicitly cited in Murphy’s indictment. In contrast, a dissenting opinion argued that this interpretation is too narrow and undermines the goal of matching punishment to the severity of the crime. Consequently, the case was remanded for resentencing without the first-degree murder cross-reference.
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United States v. Trayvon Murphy: Appeal and Resentencing Verdict
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