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· 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 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.