United States v. Christopher Gary

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that, before applying vulnera- ble victim adjustment, a sentencing court first must find that defen- dant \initially chose[ ] his victim because of her particular vulnerability\
• concluding that court did not abuse discretion in relying on defendant’s extreme conduct, which prolonged the victim’s pain and humiliation, to depart upwardly from range established under § 2A6.1
• noting that the final step in our review is determining “whether the extent of the departure was an abuse of the district court’s discretion”
• noting that the sentencing “court may find it useful to analogize to similar case law”
• noting that the victim's \weakened state is appropriate evidence for the application of a[n upward] departure for extreme psychological injury; using [the victim’s weakened state] as evidence of Gary’s selection of a vulnerable victim amounts to double counting\
• applying the enhancement based on evidence that the defendant stalked the victim and consumed drugs that increased his propensity to carry out his threats

Source: CourtListener parenthetical corpus (CC0).