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· 7/12/2004

United States v. Francisco D. Pineiro, Also Known as Frank Pineiro

Citations

  • 377 F.3d 464
  • 2004 U.S. App. LEXIS 14259
  • 2004 WL 1543170

How courts have described this case

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

  • recognizing that Blakely has weakened the distinction between the United States Code and the Federal Sentencing Guidelines and that the Supreme Court may one day “sweep away” such a distinction
  • conceding that “[l]ike the judge who disregards the Washington sentencing rules, a federal judge who disregards the Guidelines does so on pain of reversal”
  • holding that an argument was preserved for review in light of intervening Supreme Court precedent when appellant conceded the argument was foreclosed by circuit precedent but raised it in his brief only to “preserve it for further review”
  • holding that Blakely does not apply to the federal Guidelines
  • addressing this issue but holding that Blakely should not be read to invalidate the U.S. Sentencing Guidelines
  • addressing this issue but holding that Blakely should not be read to invalidate the U.S. Sentencing Guidelines

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Barksdale, Pickering

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.