Skip to main content
· 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 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.