· 2/9/2005
United States v. James Lester Killgo III
Citations
- 397 F.3d 628
- 2005 U.S. App. LEXIS 2016
- 2005 WL 292503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that following Booker, we review the imposition of sentences for unreasonableness, “judging it with regard to the factors in 18 U.S.C. § 3553(a)”
- explaining that part of Booker's remedial command requires appellate courts to review the sentence for reasonableness
- explaining that a failure to anticipate a change in the law does not place that change outside the scope of a waiver of the right to appeal
- stating ”[w]hile Killgo’s appeal waiver is sufficient to bar his Sixth Amendment claim, we recognize that it did not waive the application of a constitutional standard of review on appeal.”
- reviewing sentence for unreasonableness despite plea waiver that made Booker's Sixth Amendment holding inapplicable
- reviewing for clear error the district court’s findings made on questions of relevant conduct
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Beam, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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