Fifth Circuit· 7/21/2008
United States v. Brantley
Citations
- 537 F.3d 347
- 2008 U.S. App. LEXIS 15406
- 2008 WL 2791846
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a lengthy criminal history justified the imposition of an upward departure or variance
- ruling that any error in imposing a fine instead of restitution didn’t affect the defendant’s substantial rights, because the fine was about the same as the restitution the court could have awarded
- indicating that in imposing a non-Guidelines sentence, the district court may rely on factors already taken into account by the guidelines
- stating that a district court may rely on factors already taken into account by the Guidelines, including a defendant’s criminal history
- recognizing “district court may rely upon factors already incorporated by the Guidelines to support a non- Guidelines sentence”
- holding sentence reasonable under sentencing factors in the light of, inter alia, defendant’s extensive criminal history
Source: CourtListener parenthetical corpus (CC0).
Judges: Prado, Elrod, Haynes
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.