· 10/21/2008
United States v. Martinez-Barragan
Citations
- 545 F.3d 894
- 2008 U.S. App. LEXIS 21876
- 2008 WL 4632806
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 record did not indicate “that the district court misunderstood its obligation to impose the least severe sentence”
- acknowledging that because the Guidelines are only advisory, no mandatory requirements exist as to when a district court may sentence a defendant to an “above- or below-Guidelines sentence”
- holding the guideline sentence was substantively reasonable despite defendant’s argument that his criminal history was overstated and that he only entered the United States to provide for his children
- stating that a district court can impose a 9 Appellate Case: 23-2132 Document: 010111094384 Date Filed: 08/14/2024 Page: 10 variance even when the circumstances fall “within the heartland of similar cases”
- noting that when a district court imposes a within-Guidelines sentence, “[t]he court must provide only a general statement of its reasons and need not explicitly ... respond to every argument for leniency that it rejects in arriving at a reasonable sentence” (emphasis added
- explaining a sentence should be sufficient, but not greater than necessary, to comply with the purposes of criminal punishment
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, McWilliams, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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