United States v. John F. Gardiner (05-1247) Ronald Lupo (05-1248)

How courts have described this case

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

• recognizing that, “[i]n conspiracies where a main objective has not been attained or abandoned and concealment is essential to success of that objective, attempts to conceal the conspiracy are made in furtherance of the conspiracy”
• finding plain error where the district court erroneously applied a two-point enhancement that raised the defendant's adjusted offense level
• rejecting argument that “because the overwhelming evidence at trial pertained [only] to [co-defendant’s] case,” severance was required; “[this] is not enough to show specific, actual or compelling prejudice”
• finding plain error where the district court “erroneously applied [a] two point enhancement” and, “[a]s a consequence, [the defendant] ended up with an adjusted offense level of 21 instead of 19”
• requiring, after a finding that an error was “obvious or clear,” a determination of whether the error “affected defendant’s substantial rights” and “seriously affected the fairness, integrity, or public reputation of the judicial proceedings”
• “To establish plain error, a defendant must show that ... the error affected defendant’s substantial rights.”

Source: CourtListener parenthetical corpus (CC0).