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· 9/15/2005

United States v. Myrisa v. Lewis

Citations

  • 424 F.3d 239
  • 2005 U.S. App. LEXIS 19828
  • 2005 WL 2234105

How courts have described this case

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

  • holding that a sentence imposed without complying with § 3553(c)(2) constitutes plain error, even assuming its length is reasonable
  • holding that “Section 3553(c) bestows on defendants the right to argue more effectively that . . . a sentence is ‘reasonable.’ This right seems to us clearly to be ‘substantial.’”
  • holding that failure to comply with § 3553(c)(2) in a supervised-release proceeding constitutes error
  • finding plain error in revocation proceeding and remanding for resentencing, where district court did not explain why it imposed substantially above-Guidelines sentence
  • explaining that “[s]tating no reasons at all 13 plainly falls short of the requirement to state reasons that is set forth in § 3553(c), no matter what 14 the required level of specificity may be” for supervised release sentencing
  • “Section 3553(c)(2) applies to the sentencing in this case, as the government concedes, because, inter alia, the section refers to sentences outside the ranges that are suggested by the Sentencing Commission[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Sack, Katzmann

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.