First Circuit· 2/22/2005

United States v. Antonakopoulos

Citations

399 F.3d 68
2005 U.S. App. LEXIS 3015
2005 WL 407365

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).

Judges: Selya, Stahl, Lynch

Read full opinion on CourtListener

Cited by

263 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

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