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Sixth Circuit· 1/22/2016

United States v. Cabrera

Citations

  • 811 F.3d 801
  • 2016 FED App. 0017P
  • 2016 U.S. App. LEXIS 1103
  • 2016 WL 279438

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 within- guidelines sentence was procedurally unreasonable because it was based on the defendant’s refusal to testify
  • noting that procedural reasonableness asks whether the district court “based” its sentence upon impermissible factors
  • stating that there is “no constitutional right to file frivolous litigation” (quoting United States v. Miller, 531 F.3d 340, 351 (6th Cir. 2008)); Wolfe v. George, 486 F.3d 1120, 1125 (9th Cir. 2007
  • exercising discretion to remand a procedurally unreasonable sentence on the fourth prong of plain error in light of Gall and Rita
  • identifying “the right to meaningful appellate review” as “a substantial right that does not require a showing of prejudice”
  • identifying “the right to meaningful appellate review” as “a substantial right that does not require a showing of prejudice”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Gilman, Moore

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Cabrera

40 other CourtListener records share this case name.

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.