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· 4/27/2005

United States v. Andrew Fagans

Citations

  • 406 F.3d 138
  • 2005 U.S. App. LEXIS 7176

How courts have described this case

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

  • holding generally that facts about “the conviction itself and the type and length of a sentence imposed” come within Almendarez-Torres
  • holding generally that facts about “the conviction itself and the type and length of a sentence imposed” come within Almendarez-Torres
  • upholding trial judge's consideration of defendant's probationary status because \the conviction itself and the type and length of a sentence imposed seem logically to fall within [the prior conviction] exception\
  • upholding trial judge’s consideration of defendant’s probationary status because “the conviction itself and the type and length of a sentence imposed seem logically to fall within [the prior conviction] exception”
  • remanding for resentencing even though judicial fact-finding did not increase the sentence guidelines range, because the compulsory use of the federal sentencing guidelines was erroneous
  • ''[T]he conviction itself and the type and length of a sentence imposed seem logically to fall within this [prior conviction] exception.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Cabranes, Pooler

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.