· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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