· 3/8/2007
United States v. Fanta Kaba, A/K/A Odis Lnu
Citations
- 480 F.3d 152
- 2007 U.S. App. LEXIS 5452
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “although reference to national origin and naturalized status is permissible during sentencing, it is allowed only so long as it does not become the basis for determining the sentence” (alteration and internal quotation marks omitted)
- noting that where resen-tencing is required under Leung, “the better course is to remand to a different judge for re-sentencing as a matter of course, irrespective of whether there was actual bias or reason to think that bias in th[e] particular ease was perceived”
- “In part because a defendant is understandably. reluctant to suggest to a judge that an ambiguous remark reveals bias just as the judge is about to select a sentence, we concluded that the defendant did not waive her argument on appeal.”
- “It has long been settled in this Circuit that although reference to national origin and naturalized status is permissible during sentencing, it is allowed only so long as it does not become part of the basis for determining the sentence.” (citation and quotation marks omitted
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Sack, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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