· 11/13/2007
United States v. Killingsworth
Citations
- 507 F.3d 1087
- 2007 U.S. App. LEXIS 26330
- 2007 WL 3342575
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the district court abused its discretion by undervaluing the offense’s seriousness and “[n]eglecting to find that the first factor favored dismissal without prejudice”
- noting that such a rule “would render Congress’s designation of two types of dismissal largely irrelevant”
- reversing dismissal with prejudice, in part because “the district court undervalued [the seriousness of the offense] fac- tor by stating that while the offense was serious and involved a gun, there was no murder or injury”
- “[T]he absence of bad faith by the government and the lack of prejudice to the defendant nudge this factor in favor of dismissal without prejudice.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Chief Judge, and Wood and Evans, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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