· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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