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Fifth Circuit· 2/10/2010

United States v. John

Citations

  • 597 F.3d 263
  • 2010 WL 432405

How courts have described this case

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

  • holding that an imposed sentence affects a defendant's substantial rights when it significantly exceeds the high- and low-ends of applicable Guidelines range
  • holding that an imposed sentence affects a defendant’s substantial rights when it significantly exceeds the high- and low-ends of applicable Guidelines range
  • concluding that an error that would have reduced the advisory Guidelines range from 97-121 months to 70-87 months affected the defendant’s substantial rights
  • holding that the district court’s misapplication of the Guidelines affected the defendant’s substantial rights where the “correct and incorrect sentencing ranges overlap[ped] by one month, [and the defendant] was sentenced well outside the one month overlap, 19 months above the correct range”
  • explaining that in the absence of a proffer, an appellant cannot prevail on a direct challenge to the district court’s hearsay ruling
  • observing that \[t]he discretion inherent in the plain-error standard\ should not turn on \sympathy or lack thereof for a particular individual or the public's or a judge's opinion as to the seriousness or heinous nature of a particular crime\

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Owen, Haynes

Read full opinion on CourtListener

Cited by

104 cases in this archive cite this case; the 20 most cited are listed.

Cites

63 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. John

17 other CourtListener records share this case name.

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.