United States v. Javier Ballestas

How courts have described this case

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

• holding that “[t]he so-called Charming Betsy canon ... ‘represents a canon of construction, or a presumption about a statute’s meaning, rather than a limit upon Congress’s power to legislate.’ ”
• stating that sentencing courts enjoy \substantial discretion ... following calculation of the guidelines range\
• declining to reach the issue of whether a defendant waived his Brady argument when he pleaded guilty
• dismissing an indictment is disfavored because it “directly encroaches upon the fundamental role of the grand jury” (quoting Whitehouse v. U.S. Dist. Ct., 53 F.3d 1349, 1360 (1st Cir. 1995))
• “[Ujnder the interpretation [the defendant] urges us to adopt, the conspiracy and attempt prohibition ... would seemingly do little practical work.”
• “When considering a motion to dismiss an indictment, a court assumes the truth of [the indictment’s] factual allegations.”

Source: CourtListener parenthetical corpus (CC0).