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· 11/5/2010

United States v. Fernandez-Cabrera

Citations

  • 625 F.3d 48
  • 2010 U.S. App. LEXIS 23064
  • 2010 WL 4393874

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • adding that a judge's explanation need not be \precise to the point of pedantry\
  • noting that a judge’s explanation need not be “precise to the point of pedantry”
  • finding that the waiver-of-appeal provision did not prevent defendant's appeal where the court did not follow the parties' joint recommendation and the waiver-of-appeal provision was conditional on the court sentencing the defendant according to the parties' joint recommendation
  • explaining that \unobjected-to '[f]acts contained in a presentence report ordinarily are considered reliable evidence for sentencing purposes'\ (alteration in original) (quoting United States v. Morillo, 8 F.3d 864, 872 (1st Cir. 1993))
  • finding that the waiver-of-appeal provision did not prevent defendant’s appeal where the court did not follow the parties’ joint recommendation and the waiver-of-appeal provision was conditional on the court sentencing the defendant according to the parties’ joint recommendation
  • finding that the waiver-of- appeal provision did not prevent defendant's appeal where the court did not follow the parties' joint recommendation and the waiver-of- appeal provision was conditional on the court sentencing the defendant according to the parties' joint recommendation

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Selya, Howard

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.