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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.