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· 11/21/1994

United States v. Martin Joshua

Citations

  • 40 F.3d 948
  • 1994 U.S. App. LEXIS 32953
  • 1994 WL 653414

How courts have described this case

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

  • holding the guidelines permit a district court to consider conduct underlying pending charges if it is -4- admitted
  • stating that district court could consider incidents in the defendant's criminal history where the PSIR contains admitted facts but holding that mere allegations of criminal conduct could not form the basis of a departure under section 4A1.3
  • departure on basis of old convictions may be appropriate even when convictions are for nonserious crimes dissimilar to current offense
  • district court may not consider arrests not resulting in conviction where no information is provided other than the bare allegation of criminal behavior, nor may it consider “pending charges unless the conduct underlying those charges is admitted”

Source: CourtListener parenthetical corpus (CC0).

Judges: Magill, Fagg, Arnold

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.