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Third Circuit· 12/30/1982

United States v. Herbert Baylin

Citations

  • 696 F.2d 1030
  • 1982 U.S. App. LEXIS 22936

How courts have described this case

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

  • distinguishing a guilty plea from a conviction and a sentencing procedure from a trial
  • “During trial, the court and opposing parties are justified in expecting litigants to raise their objections at the procedurally correct moment, and in assuming that objections not so raised have been waived.”
  • “as a matter of due process, factual matters may be considered as a basis for a sentence only if they have some minimal indicium of reliability”
  • both cases refusing to apply the Frady analysis to collateral appeals of sentences under § 2255
  • hearsay admissible at sentencing so long as it bears \some minimal indicium of reliability beyond mere allegation\
  • court may consider any information relevant to defendant’s sentencing and which helps to shed light on the defendant’s life, history and characteristics, to aid in setting a sentence suitable to the individual

Source: CourtListener parenthetical corpus (CC0).

Judges: Adams, Becker, Hunter

Read full opinion on CourtListener

Cited by

105 cases in this archive cite this case; the 20 most cited are listed.

Cites

52 cases in this archive are cited by this case; the 20 most cited are listed.

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.