Howell Electric Motors Co. v. United States

How courts have described this case

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

• holding that courts are “obligated to apply § 5G1.3(b) to [conditional plea agreements with stipulated sentences] that are mute” on the matter
• “[A] 17 district court may accept or reject a Rule 11(e)(1)(C)2 sentence 18 bargain, but may in no event modify it.”
• “[A] district court may accept or reject a Rule 11(e)(1)(C) sentence bargain, but may in no event modify it.”
• “[T]he prior offense must have been actually accounted for by the district court in calculating the defendant’s offense level.”
• “The Guideline’s language is not hypothetical or abstract; it does not refer to offenses that, in theory, could be fully taken into account. It suggests that the other offense must have been considered in fact in the defendant’s sentencing.”
• “[A]lthough [the defendant] waived his right to appeal the length of the stipulated sentence, he did not waive a claim on appeal that the sentence should have been imposed concurrently with his state sentence.”

Source: CourtListener parenthetical corpus (CC0).