United States v. Diekemper

How courts have described this case

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

• noting that double counting occurs when “precisely the same aspect of a defendant’s conduct factors into his sentence in two separate ways”
• noting that double counting occurs when “precisely the same aspect of a defendant’s conduct factors into his sentence in two separate ways”
• observing that “[o]nee the proceedings at issue are concluded, a post hoc motion for recusal will do little to remedy any appearance of bias that was present” and “any remedy to the appearance of bias that may have existed has long since evaporated”
• affirming; court acknowledged argument, which was sufficient to show consideration at least “implicitly and imprecisely”
• noting “the fact that the district court acknowledged [the defendant’s] argument is dis-positive” because “as long as a sentencing court considers the arguments made in mitigation, even if implicitly and imprecisely,” no procedural error occurs
• “the fact that the district court ac‐ knowledged this argument is dispositive—as long as a sentencing court considers the arguments made in mitigation, even if implicitly and imprecisely, the sentence imposed will be found reasonable.”

Source: CourtListener parenthetical corpus (CC0).