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· 7/24/2007

United States v. Luepke

Citations

  • 495 F.3d 443
  • 2007 U.S. App. LEXIS 17520
  • 2007 WL 2091227

How courts have described this case

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

  • explaining that a presumption of prejudice \avoids our speculation about what the defendant might have said had the right been properly afforded him\
  • explaining that a presumption of prejudice “avoids our speculation about what the defendant might have said had the right been properly afforded him”
  • holding that district court plainly erred in stating that it was “adjudged the defendant is committed to the custody of the Bureau of Prisons for imprisonment for a term of 240 moths” before inviting defendant to address the court
  • noting that, although “the right of allocution is deeply rooted in our legal tradition and an important, highly respected right, it is neither constitutional nor jurisdictional” [internal quotation marks omitted]
  • explaining that a presumption of prejudice “avoids our speculation about what the defen- dant might have said had the right been properly afforded him”
  • explaining that a presumption of prejudice “avoids our speculation about what the defen- dant might have said had the right been properly afforded him”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ripple, Rovner, Wood

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.