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· 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 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.