United States v. Gerald John Bermingham

How courts have described this case

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

• noting that a court may still affirm a sentence despite an alleged error in the application of the Guidelines when it is clear that the sentencing Judge would have imposed the same sentence under the alternative Guidelines scheme proposed
• noting that a court may still affirm a sentence despite an alleged error in the application of the Guidelines when it is clear that the sentencing judge would have imposed the same sentence under the alternative Guidelines scheme proposed
• issuing remand to avoid deciding Guidelines dispute where sentence fell in overlapping portion of two Guidelines ranges and, based on the record, we could not find “with sufficient confidence” that sentence would have been the same regardless of which range applied
• noting, in non-plain error case, that “[situations may arise ... where a sentencing judge determines that the appropriate sentence is whatever number of months are at or near the bottom of the applicable guideline range” in which cases “it obviously matters which guideline range is applicable”
• \[D]isputes about applicable guidelines need not be resolved where the sentence falls within either of two arguably applicable guideline ranges and the same sentence would have been imposed under either guideline range.\
• “[D]isputes about applicable guidelines need not be resolved where the sentence falls within either 7 of two arguably applicable guideline ranges and the same sentence would have been imposed under either guideline range.”

Source: CourtListener parenthetical corpus (CC0).