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· 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 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.