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· 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 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.