· 11/30/2000
United States v. Diego Albarran
Citations
- 233 F.3d 972
- 2000 U.S. App. LEXIS 29973
- 2000 WL 1754042
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that a government need only prove a “participatory link” between the defendant and the conspiracy
- reasoning that a government need only prove a “participatory link” between the defendant and the conspiracy
- explaining that the government must \show that there is substantial evidence that the particular defendant in question knew of the illegal objective of the conspiracy and agreed to participate in its achievement.\
- upholding refusal to downwardly depart on basis of defendant’s heart condition where defendant did not present any evidence that he needed constant care
- “[T]here was no independent evidence presented concerning [the defendant’s] medical condition at the sentencing hearing, therefore it would have been inappropriate for the district court to grant a departure on this basis.”
- “The district court when considering a departure based upon a physical impairment must ascertain, through competent medical testimony, that the defendant needs constant medical care, or that the care he does need will not be available to him should he be incarcerated.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Easterbrook, Williams
Read full opinion on CourtListenerSourced 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.