· 3/15/2007
United States v. Anthony v. Bolden
Citations
- 479 F.3d 455
- 2007 U.S. App. LEXIS 5933
- 2007 WL 763688
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in light of the 2000 amendment, “brandishing” now includes both “explicit and implicit threats” (emphasis added)
- determining that de novo review was appropriate because the inquiry primarily turned on a question of legal interpretation
- pointing gun at individual while making demand amounts to “more than merely displaying a firearm with an intent to intimidate (i.e., brandishing)”
- “Pointing a gun while telling someone what to do obviously goes beyond . . . brandishing, and . . . amounts to ‘otherwise using’ a firearm.”
- describing our scope of review as deferential because “§ 3E1.1 determinations involve an overall legal decision that is fact-bound, the district court has comparatively great expertise, and the value of uniform court of appeals precedent is limited”
- denial appropriate when defendant who had already pleaded guilty did not assist in recovery of property stolen by co-conspirators
Source: CourtListener parenthetical corpus (CC0).
Judges: Siler, Moore, Rogers
Read full opinion on CourtListenerSourced 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.