· 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 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.