· 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 CourtListenerSourced 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.