United States v. Mark John Lamere, United States of America v. Jean-Paul Allen Lamere

How courts have described this case

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

• explaining that circuit precedent holds that section 3C1.1 “does not apply to conduct that is part of the crime itself’
• relying on Application Note 7 in determining the proper offense level pursuant to USSG §§ 2B5.1 and 2F1.1
• interpreting contemporaneous conduct as a “reflexive response occurring at the point arrest becomes imminent” rather than “cool and deliberate actions” taken after arrest
• finding that an action is contemporaneous if it is a “spontaneous or visceral or reflexive response occurring at the point arrest becomes imminent and to be further limited to only that evidence which is within the subject’s control at or near the scene of the arrest”
• U.S.S.G. § 2B5.1 does not “require that the counterfeit bill or bills in question be of passable quality”
• no error in not applying proposed but unadopted change to Guidelines

Source: CourtListener parenthetical corpus (CC0).