· 6/8/1998
UNITED STATES of America, Plaintiff-Appellee, v. Adolfo Alberto MARIN-CUEVAS, AKA Jesus Marin-Cuevas, Defendant-Appellant
Citations
- 147 F.3d 889
- 98 Cal. Daily Op. Serv. 4321
- 98 Daily Journal DAR 5965
- 1998 U.S. App. LEXIS 11806
- 1998 WL 293760
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that failing to include the actual records in the report does not disqualify the criminal behavior from counting in the criminal history review
- upholding enhancement where the probation officer who prepared the PSR “obtained his information from a reliable source,” namely, “the computerized criminal history”
- A “reviewing court should affirm the district court’s factual determination unless the district court clearly erred.”
- any information may be considered at sentencing “so long as it has ‘sufficient indicia of reliability to support its probable accuracy’”
- 'Because Marin-Cuevas neither objected to the jury instructions at trial nor offered a limiting instruction, the standard of review is plain error'
- “Because the only evidence 1324 UNITED STATES v. SNIPE before the sentencing court was the Presentence Report, the preponderance of the evidence sustains the district court’s finding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, Thompson, O'Scannlain
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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