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· 5/11/2007

United States v. Andy Cherry

Citations

  • 487 F.3d 366
  • 2007 U.S. App. LEXIS 11105
  • 2007 WL 1373188

How courts have described this case

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

  • concluding that one stray comment at a sentencing hearing had not established an error
  • holding that a “large downward variance” was not unreasonable “in light of the other reasons offered by the district court for the sentence imposed,” even where the court errone- ously concluded that the defendant’s crimes had occurred in a short period of time
  • affirming as substantively reasonable a sentence of 120 months where the Guidelines specified a sentencing range of 210 to 262 months of imprisonment
  • upholding 43% downward variance because defendant had a “low risk for reoffending,” had taken “extensive” efforts to rehabilitate himself and was not “a run-of-the-mill offender”
  • “[Listening to Mr. Beach and his goals, I kind of re-evaluated my life and goals and put myself back on the right track....”
  • upholding 43% downward variance even though the appellate court “might have adhered to the Guidelines or imposed a harsher sentence were [it] in the position of the sentencing court”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Rogers, Oberdorfer

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.