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· 6/23/2008

United States v. Benkahla

Citations

  • 530 F.3d 300
  • 2008 U.S. App. LEXIS 13302
  • 2008 WL 2486741

How courts have described this case

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

  • noting that, in the criminal context, collateral estoppel is part of the Fifth Amendment’s guarantee against double jeopardy
  • applying the § 3A1.4 enhancement to the defendant’s sentence for obstructing an investigation into a terrorism crime listed in 18 U.S.C. § 2332b(g)(5)(B)
  • rejecting claim that sentence violates Sixth Amendment if it depended on judge-found facts to survive reasonableness review as “too creative for the law as it stands”
  • recognizing courts’ “duty to harmonize Guidelines and commentary”
  • “Sentencing judges may find facts relevant to determining a Guidelines range by a preponderance of the evidence, so long as that Guidelines sentence is treated as advisory and falls within the statutory maximum . . . .”
  • “Here, . . . the terrorism enhancement is doing just what it ought to do: Punishing more harshly than other criminals those whose wrongs served an end more terrible than other crimes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Motz, Duncan

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.