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· 4/29/2009

United States v. Lofink

Citations

  • 564 F.3d 232
  • 2009 U.S. App. LEXIS 9114
  • 2009 WL 1140258

How courts have described this case

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

  • noting district courts “need not explicitly comment on every factor if the record makes clear the court took the [§ 3553] factors into account in sentencing” (internal quotation marks omitted)
  • vacating a sentence where the court could not infer from the record whether the district court’s denial of a departure motion was discretionary, in part because “the government ... argued to the District Court that [the defendant] was not eligible for [the] departure”
  • vacating a sentence where the court could not infer from the record whether the district court’s denial of a departure motion was discretionary, in part because “the government . . . argued to the District Court that [the defendant] was not eligible for [a] departure”
  • where the defendant formally moved for a downward departure under § 5K2.13 of the Guidelines
  • “we are not at liberty to review a discretionary denial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Ambro, Jordan

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.