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· 12/4/2001

United States v. Josie Clark

Citations

  • 274 F.3d 1325
  • 2001 U.S. App. LEXIS 26025
  • 2001 WL 1555107

How courts have described this case

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

  • holding that a district court has no discretion to depart downward from a mandatory mini- mum sentence established by Congress
  • holding that no plain error oc- curred in the district court’s failure to advise of a minimum sen- tence because the plea agreement, from which the court recited during the plea hearing, contained that information
  • stressing that “[t]he sentencing guidelines make clear that where a guidelines range falls entirely below a mandatory minimum sentence, the court must follow the mandatory statutory minimum sentence”
  • \[D]istrict court plainly erred by imposing a 150-month sentence in light of the 240-month mandatory statutory minimum sentence\
  • “We review arguments raised for the first time on appeal for plain error.”
  • “We review arguments raised for the first time on appeal for plain error.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Hull, Marcus, Per Curiam

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.