Fifth Circuit· 7/28/2011

United States v. Johnson

Citations

648 F.3d 273
2011 U.S. App. LEXIS 15634
2011 WL 3200287

How courts have described this case

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

concluding that because record on crucial issue was unclear and because government bore burden of proof on that issue, defendant's sentence had to be vacated
holding that reliance on the bare arrest record was not harmless even where the district court stated that “the sentence is not based on the arrests”
vacating sentence for considering bare arrest records even though district court said “the sentence is not based on the arrests”
“[I]t is error for a district court to consider a defendant’s ‘bare arrest record’ at sentencing.”
internal quotation marks, citation, and brackets omit- 2 Case: 21-11132 Document: 00516465658 Page: 3 Date Filed: 09/09/2022 No. 21-11132 ted
“[F]or a non-Guidelines sentence, just as for a Guidelines sentence, it is error for a district court to consider a defendant’s ‘bare arrest record’ at sentencing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Smith, Elrod

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Cited by

17 cases in this archive cite this case.

Cites

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

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