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· 1/26/2009

United States v. Battiest

Citations

  • 553 F.3d 1132
  • 2009 U.S. App. LEXIS 1973
  • 2009 WL 160943

How courts have described this case

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

  • concluding the court’s resolution of a disputed sentencing issue in the defendant’s favor evidenced its careful consideration of both parties’ arguments
  • concluding the court's resolution of a disputed sentencing issue in the defendant’s favor evidenced its careful consideration of both parties’ arguments
  • holding no procedural error where the district court considered the PSR, letters from the parties, and heard argument on the issues
  • holding district court did not commit procedural error when record showed court had examined the PSR, heard oral argument from both sides, and was aware of section 3553(a) factors
  • \We presume that district judges know the law and understand their obligation to consider all of the § 3553(a) factors.\
  • “Kimbrough did not mandate that district courts consider the crack/powder sentencing disparity and do not act unreasonably, abuse their discretion, or otherwise commit error if they do not.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Melloy, Beam, Gruender

Read full opinion on CourtListener

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.