· 10/16/1996
United States v. Douglas Brown
Citations
- 98 F.3d 690
- 79 A.F.T.R.2d (RIA) 882
- 1996 U.S. App. LEXIS 32202
- 1996 WL 593810
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing a “strong presumption” that a district judge is aware of his discretion to depart
- holding that a sentencing judge’s “expressions of frustration with a sentence range prescribed by the Guidelines” and explanation that ‘fmy hands are tied by the Guidelines” do not indicate a misapprehension of his departure authority
- explaining that a Court of Appeals has discretion to review a decision not to depart downward if a violation of law occurred, the Guidelines were misapplied, or the refusal to depart downward was based on a mistaken conclusion that the District Court lacked authority to depart downward
- explaining that a Court of Appeals has discretion to review a decision not to depart downward if a violation of law occurred, the Guidelines were misapplied, or the refusal to depart downward was based on a mistaken conclusion that the District Court lacked authority to depart downward
- explaining that a Court of Appeals has discretion to review a decision not to depart downward if a violation of law occurred, the Guidelines were misapplied, or the refusal to depart downward was based on a mistaken conclusion that the District Court lacked authority to depart downward
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Winter, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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