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Tenth Circuit· 2/17/2010

United States v. Darton

Citations

  • 595 F.3d 1191
  • 2010 U.S. App. LEXIS 3122
  • 2010 WL 537767

How courts have described this case

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

  • stating that “a departure only exists apart from the applicable guideline range; there is no such thing as a departure to the applicable guideline range”
  • “[T]he range upon which a sentence is ‘based’ is, as a matter of law, the range produced ... prior to any discretionary departures.” (emphasis added)
  • “[T]he range upon which a sentence is ‘based’ is, as a matter of law, the range produced . . . prior to any discretionary departures.” (emphasis added)
  • “The justification for a downward departure has no bearing on the fact that a departure is, as a matter of law, a sentence outside the ‘applicable guideline range.’”
  • “The justification for a downward departure has no bearing on the fact that a departure is, as a matter of law, a sentence outside the ‘applicable guideline range.’ ”
  • “[A] departure only exists apart from the applicable guideline range.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tacha, Seymour, Lucero

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

Other cases named United States v. Darton

1 other CourtListener record shares 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.