· 9/6/2001
United States v. Rangi Knight
Citations
- 266 F.3d 203
- 2001 U.S. App. LEXIS 19751
- 2001 WL 1042458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the application of an incorrect guideline range resulting in a sentence that is also within the correct range [presumptively] affects substantial rights”
- holding application of an incorrect sentencing guideline range affected substantial rights and was plain error even though sentence was also within correct range
- holding that the use of an erroneous Guidelines range presumptively prejudices the defendant
- explaining that plain error requires a finding that: (1) “an error was committed,” (2) which was “clear or obvious,” and that (3) “the error affected the defendant’s substantial rights”
- noting that a (b)(1)(A) applies, and (A) sentencing error need not be remanded if the defendant has “the record shows that the sentence was previously been convicted unaffected by the error.”
- “[A]n error in application of the Guidelines that results in [the] use of a higher sentencing range should be presumed to affect the defendant’s substantial rights.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mansmann, Scirica, Rendell
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.