· 5/4/1998
United States v. Angel L. Martinez-Rios, Sr., Abraham Garcia, and Richard Danziger
Citations
- 143 F.3d 662
- 81 A.F.T.R.2d (RIA) 2083
- 1998 U.S. App. LEXIS 9445
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that error “undoubtedly ‘affected substantial rights’ within the meaning of Rule 52, because it resulted in [the defendant’s] receiving a longer sentence than the District Court intended to give him”
- finding witness testimony that close corporations would normally treat payments to officers as salary \doubtful\
- finding witness testimony that close corporations would normally treat payments to officers as salary “doubtful”
- refusing, in plain error case, to apply Bermingham because the district court’s remarks suggested that it would have sentenced defendant to a lower term had the correct, lower range been applied
- finding clerical error which increased defendant's sentence by several months to affect substantial rights
- although it was unclear whether correcting error would have any effect on sentencing level, remand was required under plain error analysis
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Newman, Wallace
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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