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· 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 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.