Second Circuit· 9/27/2005
United States v. Barrero
Citations
- 425 F.3d 154
- 2005 U.S. App. LEXIS 20927
- 2005 WL 2364942
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 “district court was plainly correct when it decided that it did not have the discretion to award [appellant] only one point under the Guidelines once it had determined, by the process provided by the Guidelines, that [appellant] had two such points”
- holding there is “no constitutional bar to a legislative instruction to a judge to sentence the defendant to such a mandatory minimum where, as here, the defendant is ineligible for safety valve relief based on the court’s finding that he had more than one criminal history point”
- holding there is “no constitutional bar to a legislative instruction to a judge to sentence the defendant to such a mandatory minimum where, as here, the defendant is ineligible for safety valve relief based on the court’s finding that he had more than one crimi- nal history point”
- rejecting appellant's argument that 18 U.S.C. § 3553(f)(1) is rendered advisory by Booker
Source: CourtListener parenthetical corpus (CC0).
Judges: Katzmann, Parker, Sack
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