United States v. Herman Goldfaden

How courts have described this case

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

• concluding that breach of a plea agreement can constitute plain error
• reversing sentence based on Section 2Q1.2 where offense conduct involved non-hazardous industrial waste and only the relevant conduct involved hazardous waste
• finding plain error and vacating a sentence where the government agreed not to recommend any sentence but then “submitted four memoranda to the probation department advocating the use of different guideline sections to calculate his sentence”
• “Though the court may not penalize a defendant for denying his guilt as an exercise of his constitutional rights, an enhancement based upon perjury is permissible.’’
• district courts are under no duty to consider the sentences imposed on other defendants when imposing sentence
• “[W]e interpret [Note 4 analogue] to explain that subsection (b)(1) takes environmental contamination as a given, but allows for upward or downward departures depending on the potency, size, or duration of the contamination;”

Source: CourtListener parenthetical corpus (CC0).