United States v. Ofray-Campos

How courts have described this case

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

• concluding that \generic reference to 'violence' . . . did not justify\ upward variance imposed
• holding that for a reduction of more than 10%—a “haircut”—the 1 court must give a “specific explanation”
• district may impose a small reduction no greater than 10 percent based 18 on discretion
• \[T]he jury's verdict must be based solely upon the evidence developed at trial.\ (citing Turner v. Louisiana, 379 U.S. 466, 472 (1965))
• “[T]hese factors [mentioned by the District Court] were not so distinct from the firearm possession that was incorporated into the guidelines calculation as to justify a variance of such magnitude.”
• “Even where an IJ relies on 16 discrepancies or lacunae that, if taken separately, concern matters collateral or 17 ancillary to the claim, the cumulative effect may nevertheless be deemed 18 consequential by the fact-finder.” (alteration adopted

Source: CourtListener parenthetical corpus (CC0).