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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

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

6 cases in this archive are cited by this case.

Other cases named United States v. Barrero

2 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.