· 5/12/2014
United States v. Adan Gutierrez-Mendez
Citations
- 752 F.3d 418
- 94 Fed. R. Serv. 634
- 2014 WL 1884869
- 2014 U.S. App. LEXIS 8857
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that neither “[s]elf-serving statements” nor “mere objections to the PSR” are “competent rebuttal evidence”
- finding any error harmless where the district court stated it would impose the same sentence even if it were mistaken in its calculation of the Guidelines range
- District court statement that it would have given the defendant the same sentence even if it was mistaken in its application of the guidelines renders any error harmless.
- “The government has the burden of establishing harmlessness beyond a reasonable doubt.”
- noting reasonable foreseeability constitutes factual finding reviewed for clear error
- mere objections to a PSR are not competent rebuttal evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Smith, Owen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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