· 4/4/2011
United States v. Guajardo-Martinez
Citations
- 635 F.3d 1056
- 2011 U.S. App. LEXIS 6790
- 2011 WL 1226227
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the court may consider the underlying conduct detailed in arrest records where there is a sufficient factual basis for the court to conclude that the conduct actually occurred
- upholding the district court’s below-guidelines sentence and determining the defendant was not prejudiced, even though two of the three arrests listed in the presentence investigation report were unreliable
- “Because the appellant did not raise these objections during the sentencing hearing, we review the decisions for plain error.”
- “Because the appellant did not raise these objections during the sentencing hearing, we review the decisions for plain er‐ ror.”
- “Because the appellant did not raise these objections during the sentencing hearing, we review the decisions for plain er‐ ror.”
- a sentencing judge may not rely on the arrest record itself in deciding a sentence
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Evans, Hamilton
Read full opinion on CourtListenerSourced 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.