Skip to main content
· 4/13/2005

United States v. Dazey

Citations

  • 403 F.3d 1147
  • 66 Fed. R. Serv. 1194
  • 2005 U.S. App. LEXIS 6091
  • 2005 WL 846227

How courts have described this case

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

  • concluding that fourth prong is met, in part, because “Mr. Dazey vigorously contested the judge-found facts that enhanced his sentence.”
  • holding that contesting the evidentiary bases for judge-found facts is not sufficient to preserve Booker error
  • holding that a defendant’s challenge to the factual basis of Guideline enhancements during sentencing weighed in favor of exercising discretion to remand
  • holding that while the defendant may have believed promises that turned out to be false, jury was entitled to conclude otherwise in light of “undeniable implausibility of these representations”
  • noting that the acquittal of codefendants on some charges showed that the jury had separately considered each defendant
  • stating that we conduct plain-error review “less rigidly when reviewing a potential constitutional error” (internal citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Holloway, McConnell

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.