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· 1/10/2013

United States v. Fernando Fraga

Citations

  • 704 F.3d 432
  • 2013 WL 127840
  • 2013 U.S. App. LEXIS 688

How courts have described this case

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

  • concluding that sentencing judge did not abuse her discretion in giving appellant’s criminal history more weight than mitigating factors
  • reviewing a sentence for substantive reasonableness under an abuse of discretion standard “regardless of whether the sentence imposed is inside or outside the Guidelines range”
  • reviewing a sentence for substantive reasonableness under an abuse of discretion standard “regardless of whether the sentence imposed is inside or outside the Guidelines range”
  • upholding upward variance from guidelines maximum of 18 months in prison to 27 months
  • “I usually do give . . . life supervised release in these situations[,]”
  • “The Supreme Court has explained that a sentencing judge commits procedural error when [ ]he %il[s] to adequately explain the chosen sentence—including an explanation for any deviation from the Guidelines range.’ ” (second alteration in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Smith, Elrod

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.