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Third Circuit· 9/10/2007

United States v. Ausburn

Citations

  • 502 F.3d 313
  • 2007 U.S. App. LEXIS 21648
  • 2007 WL 2580640

How courts have described this case

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

  • declining to “fill in the gaps” or make inferences about what the district court may or may not have thought when imposing a sentence
  • explaining that the “provisions of the Rule 32 cited in Nappi have since been renumbered and reorganized, but the current Rule is 8 substantively similar, for purposes of our discussion, to the version analyzed by Nappi,” but not specifying a subsection of Rule 32
  • vacating sentence where district court did not consider defendant’s argument “that two cases recently decided in the same district . . . provided bench marks for determining a proper sentence, and that the court should hew close to the sentences in those cases”
  • “Where the record is inadequate, we do not fill in the gaps by searching the record for factors justifying the sentence.”
  • “Where the record is inadequate, we do not fill in the gaps by searching the record for factors justifying the sentence.”
  • “a rote statement of the § 3553(a) factors will not always be either necessary or sufficient to satisfy the requirements of reasonableness” (internal quotation marks and comma omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Greenberg, Pollak

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named United States v. Ausburn

4 other CourtListener records share this case name.

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.