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· 6/1/2009

United States v. Kapordelis

Citations

  • 569 F.3d 1291
  • 79 Fed. R. Serv. 1047
  • 2009 U.S. App. LEXIS 12339
  • 2009 WL 1508342

How courts have described this case

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

  • holding that an error in the guideline calculations was harmless where the record indicated that the district court would have imposed the same sentence absent the error
  • holding that a guidelines error was harmless where the district court, by varying upward to statutory maximum, indicated its intention to give the defendant the greatest sentence that it could
  • holding that any double counting error was harmless since the record indicated that the court would have imposed the same upward variance regardless of any Guidelines discrepancy due to the defendant’s “long history of abuse, parity, and the need for incapacitation”
  • holding that departures and variances are different mechanisms resting on different rationales
  • holding that any double counting error was harmless since the record indicated that the court would have imposed the same upward variance regardless of any Guidelines discrepancy due to the defendant’s “long history of abuse, parity, and the need for incapacitation”
  • explaining that, though the court “com- mented on” a factor the defendant argued was impermissible, the court did not base its decision on that ground

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Carnes, Hood

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.