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· 12/3/2008

United States v. Haj-Hamed

Citations

  • 549 F.3d 1020
  • 2008 U.S. App. LEXIS 24321
  • 2008 WL 5070054

How courts have described this case

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

  • recognizing that “[i]n general, a district court 6 No. 22-3288, United States v. Jackson can consider uncharged or dismissed conduct for sentencing purposes” if the court finds that the conduct is supported “by a preponderance of the evidence”
  • upholding determination that family circumstances were not so extraordinary as to justify departure or variance, and distinguishing Husein on this basis
  • listing failure to adequately explain a chosen sentence as a procedural error
  • “It is correct that, post-Booker, a district court may vary a sentence to account for a factor discouraged by the Sentencing Commission.” (internal quotation marks omitted)
  • “[A]n appellate court should generally defer to the ‘special competence’ of the district court in determining whether family circumstances are so extraordinary as to justify a departure or a variance from a Guidelines sentence.”
  • “an appellate court should generally defer to the special competence of the district court in determining whether family circumstances are so extraordinary as to justify a departure or a variance from a Guidelines sentence.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, McKeague, Ludington

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.