· 5/23/2005
United States v. Philip Wayne Mathenia
Citations
- 409 F.3d 1289
- 2005 U.S. App. LEXIS 9352
- 2005 WL 1201455
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 statutory violation occurs when a defendant is sentenced under mandatory guidelines, even in the absence of a Sixth Amendment violation
- holding that the Booker statutory error was harmless where the district court judge stated that the defendant would have received the same sentence regardless of whether the guidelines were mandatory or advisory
- explaining that the non-constitutional error test was “as difficult for the government to meet ... as it is for a defendant to meet the third-prong prejudice standard for plain error review”
- explaining an error is harmless if, viewing the proceedings in their entirely, a court determines the error did not affect the outcome, or had but very slight effect
- noting “the less demanding [harmless error] test that is applicable to non-constitutional errors”
- applying two-level distribution enhancement for distributing child pornography through peer-to-peer file-sharing network
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Carnes, Per Curiam, Pryor
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.