· 4/26/1996
United States v. Phillip Crockett
Citations
- 82 F.3d 722
- 1996 U.S. App. LEXIS 9868
- 1996 WL 202521
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that factual findings generally are required, but the error in that case was harmless because the defendant’s actual sentence would have been no different without the challenged unconvicted conduct
- stating that testimony of admitted drug user not unreliable because drug use is factor which.can be weighed in determining credibility
- noting that the relevant conduct guideline “should not be applied to offenses that are of the same kind, but not encompassed in the same course of conduct or plan as the convicted offenses” (quotations omitted)
- mis‐ taken calculation of drug quantity “harmless” because correct quantity would result in same base offense level
- “The mere fact that the defendant has engaged in other drug transactions is not sufficient to justify treating those transactions as ‘relevant conduct’ for sentencing purposes.”
- “The determination that an un- charged drug transaction is to provide the basis for an increased sentence of imprisonment is, of course, a very significant matter.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Cudahy, Flaum
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.