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· 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 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.