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· 12/23/2013

United States v. John Tuma

Citations

  • 738 F.3d 681
  • 44 Envtl. L. Rep. (Envtl. Law Inst.) 20011
  • 2013 WL 6800526
  • 2013 U.S. App. LEXIS 25551

How courts have described this case

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

  • stating that this “rule applies to departures found in both Chapter 5, Part K of the Guidelines and in the commentary to the Guidelines”
  • upholding that district court statutory maximum sentence
  • upholding that district court statutory maximum sentence
  • “[Defendant’s] sentence did not expose him to a mandatory minimum sentence and was well within the sentencing discretion of the district court; therefore, Alleyne is inapplicable.”
  • “[Defendant’s] sentence did not expose him to a mandatory minimum sentence and was well within the sentencing discretion of the district court; therefore, Alleyne is inapplicable.”
  • “We lack jurisdiction to review the denial of a downward departure unless the district court’s denial resulted from a mistaken belief that the Guidelines do not give it authority to depart.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carl, Stewart, Demoss, Clement

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.