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Fifth Circuit· 7/12/2011

United States v. McElwee

Citations

  • 646 F.3d 328
  • 2011 WL 2686447

How courts have described this case

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

  • noting our court has “upheld substantial Guidelines deviations” when “district court based its upward variance on permissible, properly spelled-out considerations”
  • affirming a 36-month sentence that was six times as long as the top of the guidelines range
  • considering first the procedural reasonableness of a sentence before the substantive reasonableness where the “core of Appellants’ complaints on appeal” were challenges to substantive reasonableness
  • considering first the procedural reasonableness of a sentence before the substantive reasonableness where the “core of Appellants’ complaints on appeal” were challenges to substantive reasonableness
  • affirming above-guidelines fine on plain error review where fine was well within statutory maximum and defendant failed to show that he was unable to pay it
  • deferring to the district after it “explicitly” considered the § 3553(a) factors

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Haynes, Vance

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. McElwee

3 other CourtListener records share this case name.

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.