· 1/10/2007
United States v. Patrick L. Stitman
Citations
- 472 F.3d 983
- 2007 U.S. App. LEXIS 435
- 2007 WL 60421
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that even if defendant prevailed on argument to lower his properly calculated criminal-history category, his actual sentence would still be within the new guidelines range
- noting the well-established rule that guidelines application notes are binding authority
- noting the well-established rule that guidelines application notes are binding authority
- “Moreover, nothing in Booker changed the way that criminal history is calculated under the Guidelines.”
- defendant concealed 15 hand in pocket and told victim that he had a gun, gesturing with one hand towards the bulge in his pocket created by his concealed hand
- “[T]he type of object that the perpetrator uses to create the appearance of a dangerous weapon is irrelevant; what is important is whether the object creates an objectively reasonable belief that the perpetrator is armed.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Bauer, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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