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