· 2/12/2010
United States v. Peel
Citations
- 595 F.3d 763
- 2010 U.S. App. LEXIS 2841
- 2010 WL 476658
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the term ‘“adversary proceeding’ ... refers to proceedings to resolve claims within the overall bankruptcy case”
- \[t]he remedy is to eliminate the doubleness\; \which conviction must be vacated is not dictated by the Constitution\
- “[T]he dismissal of an adversary proceeding is an appealable final order even though' the bankruptcy case continues.”
- “[W]hich conviction must be vacated . . . is a matter committed to the trial judge’s discretion because functionally it is a decision concerning the length of the defendant’s sentence.”
- “[I]n a case in which the lesser- included offense has fewer elements and is the less serious offense, vacating the sentence for the graver offense would be an abuse of discretion.”
- “An adversary proceeding is thus part of the bankruptcy but it is not the bankruptcy case itself, as illustrated by the fact that the dismissal of an adversary proceeding is an appealable final order even though the bankruptcy case continues.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Manion, Hamilton
Read full opinion on CourtListenerSourced 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.