· 6/19/2008
United States v. Castaing-Sosa
Citations
- 530 F.3d 1358
- 2008 U.S. App. LEXIS 12922
- 2008 WL 2446815
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the district court lacked authority to sentence the defendant below the statutory minimum based on its consideration of the 18 U.S.C. § 3553(a) factors
- holding that the § 3553(a) factors, including a concern for sentencing disparities between coconspirators, “[do] not provide a legal basis for imposing a sentence below the statutory mandatory minimum sentence”
- holding that district courts remain bound to statutory mandatory minimum after Booker
- finding that only two statutory provisions authorize sentences below statutory mandatory minimums—§ 3553(e) for substantial assistance and § 3553(f) for offenses meeting enumerated “safety valve” criteria
- reversing, under de novo review, a sentence that was only two-thirds the mandatory minimum
- “It is well-settled that a district court is not authorized to sentence a defendant below the statutory mandatory mini-mum____”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Dubina, Hull
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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