United States v. Antonakopoulos

How courts have described this case

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

• holding that the court commits a clear and obvious error whenever it sentences a defendant pursuant to a mandatory guidelines regime
• holding that a \Booker error\ inheres in treating the guidelines as mandatory and indi- cating that a Sixth Amendment claim under Apprendi or Blakely is suffi- cient to preserve a claim of Booker error
• stating that there is a powerful argument for remand when a district court has expressed its belief that a Guidelines sentence is unfair or unjust
• noting that remand is unlikely \if the district judge has said at sentencing that he would have reached the same result regardless of the mandatory nature of the Guide-lines\
• noting that remand is unlikely “if the district judge has said at sentencing that he would have reached the same result regardless of the mandatory nature of the Guidelines”
• explaining that the substantial rights determination depends upon whether the mandatory nature of the guidelines lengthened the defendant’s sentence

Source: CourtListener parenthetical corpus (CC0).