United States v. Gerald Phillip May, Jr.

How courts have described this case

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

• finding \persuasive\ the view of other circuits that have determined that Apprendi, Blakely, and Booker do not affect the determination of restitution amounts
• finding \persuasive\ cases from our sister circuits which hold that Apprendi, Blakely, or Booker do not affect the manner in which restitution findings can be made
• “[S]everal circuits have affirmatively rejected the notion that Apprendi, Blakely, or Booker affect the manner in which findings of restitution can be made . . . . These cases are persuasive.”
• “Together, Rules 32(f)(1) and 32(i)(3)(A) establish that an untimely objection to a fact in the presentence report does not change the fact's ‘undisputed’ status, and the district court may adopt the fact without additional evidence”
• \this form of 'double-counting' is permissible under the Guidelines\

Source: CourtListener parenthetical corpus (CC0).