· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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