United States v. Jason Allen Herr

How courts have described this case

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

• holding that the district court did not abuse its discretion in departing upward where defendant's conduct showed disrespect for the law and lenity in sentencing previously had not been effective
• upholding upward departure on basis of numerous juvenile adjudications and minor adult convictions, including traffic offenses
• affirming upward departure when defendant’s “repeated violations show his disrespect for the law and that leniency has not been effective”
• dissimilar, non-serious, uncounted offenses “ ‘may be evidence that leniency has not been effective’ ” even if standing alone those offenses are not grounds for a departure
• “In deciding the likelihood that a defendant may commit other crimes, a court may take into account any evidence of obvious incorrigibility and conclude that leniency has not been effective.” (cleaned -2- up)
• “In deciding the likelihood that a defendant may commit other crimes, a court may take into account any evidence of obvious incorrigibility and conclude that leniency has not been effective.” (internal quotation and marks omitted)

Source: CourtListener parenthetical corpus (CC0).