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· 3/16/2005

United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus Supporting

Citations

  • 401 F.3d 540
  • 2005 WL 628224

How courts have described this case

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

  • recognizing that the error of sentencing under a mandatory regime is \distinct from [a] Sixth Amendment claim\
  • recognizing that imposition of sentence, “in part based on facts found by the judge, ... constituted error”
  • concluding that application of sentencing enhancements based on judge-found facts was \error\ that was \plain\
  • concluding that imposition of. a .sentence in excess of the maximum sentence permitted by the jury’s verdict af.fected the defendant’s substantial rights
  • concluding that application of sentencing enhancements based on judge-found facts was “error” that was “plain”
  • concluding that imposition of a sentence in excess of the maximum sentence permitted by the jury's verdict affected the defendant's substantial rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Traxler, Gregory

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.