United States v. Joseph Pellether

How courts have described this case

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

• finding no error, even though district court’s word choice was “an. awkward locution,” since court clearly understood the law
• explaining that Taylor and its progeny “address the appropriate sources for ascertaining the elements of a putative predicate offense when the statute of conviction encompasses both conduct that would constitute a predicate offense and conduct that would not”
• finding no error where “[l]ooking at the disposition hearing as a whole, it is perfectly clear that the district court appreciated the advisory nature of the guidelines and acted accordingly”
• finding reasonable belief .when defendant’s girlfriend’s sister confirmed defendant was at a specific motel room, the motel room was registered in her name, and the maintenance man confirmed defen-' dant was in the specific room
• finding reasonable belief when defendant's girlfriend's sister confirmed defendant was at a specific motel room, the motel room was registered in her name, and the maintenance man confirmed defendant was in the specific room
• noting for the purposes of sentence enhancement, “in the absence of any objection, a statement in a presentence report is sufficient to prove the fact proposed.” (citing United States v. Arrietar-Buendia, 372 F.3d 953, 955-56 (8th Cir.2004))

Source: CourtListener parenthetical corpus (CC0).