· 5/29/2013
United States v. Dayven Joseph
Citations
- 716 F.3d 1273
- 2013 WL 2321443
- 2013 U.S. App. LEXIS 10785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a district court's failure to recognize its authority to impose concurrent sentences for multiple violations of § 1791 was plain error warranting reversal because the error potentially increased the length of defendant's sentence
- explaining that an error is plain if it is clearly “contrary to the law at the time of appeal” (citation omitted)
- explaining that an error is plain if it is clearly “contrary to the law at the time of appeal” (citation omitted)
- stating that this court “regularly deem[s] the fourth prong of the plain error standard to have been satisfied where, as here, the sentencing court committed a legal error that may have increased the length of a defendant’s sentence”
- affirming “there is little reason not to correct plain sentencing errors when doing so is so simple a task” (quoting United States v. Tapia, 665 F.3d 1059, 1063 (9th Cir. 2011))
- if error “may have led” to even a one-month deviation in sentencing, the error “affects substantial rights” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Reinhardt, Thomas, Paez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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