· 10/15/2014
United States v. Joseph Catone, Jr.
Citations
- 769 F.3d 866
- 2014 U.S. App. LEXIS 19734
- 2014 WL 5158197
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the sentencing court need only make a “reasonable estimate of loss based on the available information in the record”
- Brady not violated where the evidence was available to the public and could have been discovered through diligent investigation
- “[T]he restitution amount in a government-benefits case depends on the loss amount calculated under the Guidelines.”
- evidence was form submitted by defendant himself to Department of Labor and could also have been obtained by written request
- “[T]o establish a Brady violation, the exculpatory material must be known to the government but not to the defendant.”
- “An Apprendi error is harmless ‘where a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.’” (quoting Neder, 527 U.S. at 17)
Source: CourtListener parenthetical corpus (CC0).
Judges: Traxler, Keenan, Floyd
Read full opinion on CourtListenerSourced 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.