· 4/8/2005
United States v. Estil Lee Trammel
Citations
- 404 F.3d 397
- 2005 U.S. App. LEXIS 5666
- 2005 WL 783361
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that because the defendant was sentenced at the bottom of the Guidelines range, there was a strong chance that the district court would have sentenced Trammel to an even lower sentence if it had known that the Guidelines were advisory
- finding that this circumstance bolsters, rather than rebuts, the Barnett presumption of prejudice
- finding that this circumstance bolsters, rather than rebuts, the Barnett presumption of prejudice
- finding that this circumstance bolsters, rather than rebuts, the Barnett presumption of prejudice
- noting that prejudice is presumed because the district court’s failure to recognize its discretion in sentencing renders it impossible for the defendant “to show that the subjective decision of the court would have been different if the error had not occurred”
- sentence at very bottom of guideline range suggests likelihood that district court may have sentenced defendant to a lower sentence under an advisory scheme
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Gilman, Friedman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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