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Fifth Circuit· 4/5/2010

United States v. Davis

Citations

  • 602 F.3d 643
  • 602 F. Supp. 3d 643
  • 2010 WL 1254634

How courts have described this case

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

  • noting case law unsettled as to whether \precedent requires remand whenever an appellant can show a reasonable probability that an unpreserved error affected the sentence\
  • noting case law unsettled as to whether “precedent requires remand whenever an appellant can show a reasonable probability that an unpreserved error affected the sentence”
  • considering the defendant’s continued violations of the law in upholding his sentence even though the district court had conducted an erroneous Guidelines calculation at sentencing
  • declining to exercise discretion in factual situation involving a defendant who “violated his supervised release only five months into a five-year sentence”
  • declining to exercise discretion where a 15 to 21 month range was incorrect and a 6 to 12 month range was appropriate
  • declining to correct sentencing guidelines error in ease where defendant was found violating numerous terms of his supervised release five months into his five-year sentence and apparently planning a return to his prior criminal activities

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Jolly and Stewart, Circuit Judges

Read full opinion on CourtListener

Cited by

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

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this 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.