Skip to main content
· 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 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.