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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 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.