Skip to main content
· 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 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.