· 2/7/2007
United States v. Michael Spano, Sr., Emil Schullo, and Betty Loren-Maltese
Citations
- 476 F.3d 476
- 2007 U.S. App. LEXIS 2609
- 2007 WL 401355
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that procedural errors were harmless when district court record and court’s explanation otherwise thoroughly supported sentence
- holding that the district court’s error was harmless because “[t]he judge has made abundantly and persuasively clear why he thinks a guidelines sentence made without consideration of [the erroneous finding]” was appropriate
- finding “enough merit” in the argument that “the harsher the conditions the shorter the sentence should be” for “a sentencing judge to take it into account”
- stating that “[e]ven though the guidelines are no longer mandatory, the judge must compute the guidelines range [using U.S.S.G. 5G1.2(d)]. He is not bound to sentence within it, but if he does the sentence is presumed by us (that is, by the appellate court) to be reasonable”
- holding sentencing error to be harmless
- noting obsolescence of “departures” post-Booker
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Posner, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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