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· 10/20/1994

United States v. Marius Canoy

Citations

  • 38 F.3d 893
  • 1994 U.S. App. LEXIS 29270
  • 1994 WL 573288

How courts have described this case

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

  • holding that the defendant must show that “the period of incarceration set by the Guidelines would have an effect on the family or family members beyond the disruption to family and parental relationships that would be present in the usual case”
  • noting some authority for holding Batson error regarding alternate juror harmless when no alternate juror deliberates
  • remanding for consideration of downward departure where district court believed family unit would suffer substantially and irreparably if defendant was incarcerated
  • noting some authority for holding Batson error regarding alternate juror harmless when no alternate juror deliberates
  • applying Batson to analyze peremptory strike against venire member of Asian descent, where government did not dispute that defendant, who was Filipino and had spent most of his life in the Philippines, was a member of cognizable racial group
  • “[T]he disintegration of existing family life . . . is to be expected when a family member engages in criminal activity that results in a period of incarceration.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Manion, Rovner

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.