United States v. Magallanez

How courts have described this case

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

• holding that Watts, along with 18 U.S.C. § 3661, “remains in full force” after Booker
• holding that, even after Booker, it is proper for a sentencing court to make factual findings using a preponderance of the evidence standard, so long as the guidelines are considered advisory
• noting that “[n]o limitation” should “be placed on the information concerning the background, character, and conduct of a person ... for the purpose of imposing an appropriate sentence.”
• holding, albeit in the context of sufficiency review, that direct and circumstantial evidence often render the absence of physical evidence meaningless
• holding Rule 608(b) inapplicable because “the evidence was introduced not to ‘attack’ the witness's ‘character’” but to prove that a previous statement during direct examination was false.
• finding that the defendant did not satisfy the fourth prong where his sentence was within “the national norm and there is no record evidence to support a lower sentence.”

Source: CourtListener parenthetical corpus (CC0).