· 7/29/2011
United States v. Lente
Citations
- 647 F.3d 1021
- 2011 U.S. App. LEXIS 15647
- 2011 WL 3211506
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that even when the district court stated that it had considered all of the statutory factors, we cannot presume consideration of a party's sentencing-disparity argument under 18 U.S.C. § 3553 (a)(6)
- explaining that “[w]e cannot fulfill our appellate role, however deferential, in assessing the substantive reasonableness of [a] sentence” without an adequate explanation from the district court
- characterizing challenge to adequacy of district court’s explanation for chosen sentence as procedural, as opposed to substantive, challenge
- “A harmless error ‘is that which did not affect the district court’s selection of the sentence imposed.’ ”
- “When a district court imposes a within-Guidelines sentence, the court must provide only a general statement of its reasons, and need not explicitly refer to either the § 3553(a
- “Harmlessness must be proven by a preponderance of the evidence, and the burden of making this showing falls on (continued...) 54 Viewing the district court’s erroneous admission of the transcripts (without the audio recordings
Source: CourtListener parenthetical corpus (CC0).
Judges: Gorsuch, Holloway, Matheson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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