United States v. David Lee Oliver

How courts have described this case

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

• holding that the case must be remanded to the district court for resentencing where the district court considered the Guidelines mandatory
• concluding that a sentencing error that leads to violation of the Sixth Amendment by imposing a more severe sentence would diminish the integrity and public reputation of the judicial system
• holding that substantial rights were affected by a Sixth Amendment violation because the defendant \ar- guably received a sentence that was longer than his sentence would have been absent a Sixth Amendment violation\
• explaining that the Supreme Court's decision in Booker made clear that the defendant's sentence in district court violated his Sixth Amendment rights
• noting that when a defendant fails to object to the facts set out in the PSR, his sentence is reviewed for plain error
• declining to consider whether error should not be noticed on the basis of overwhelming and uncontroverted evidence; distinguishing Cotton

Source: CourtListener parenthetical corpus (CC0).