· 1/22/1996
United States v. Edward Roy Windle, AKA Eddy Windle, AKA Ed Anderson
Citations
- 74 F.3d 997
- 1996 U.S. App. LEXIS 738
- 1996 WL 21043
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a record indicating counsel was waived in the predicate misdemeanor case is sufficient, in the absence of contrary allegations, to make the conviction constitutionally valid for enhancement purposes
- stating that “[o]nce the prosecution establishes the existence of a conviction, the defendant must prove by a preponderance of the evidence that the conviction was constitutionally infirm”
- implicitly limiting “matter controverted” under Rule 32(c)(1) to factual challenges and rejecting a challenge under Rule 32(c)(1) to the district court’s application of the sentencing guidelines to undisputed facts
- factual dispute over -4- presentence report’s conclusion that gun defendant possessed was stolen not plain error
- additional weapons violations should be included as relevant conduct because firearms possessed during a four to five month period meet the \same course of conduct\ requirement in sec. 3D1.2
- considering Rule 32(c)(1), in effect from 1994 to 2002
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Baldock, Brorby
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.