United States v. Robert A. Burke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant preserved his Booker argument “by objecting to his sentence on the grounds that it violated Apprendi”
• holding that while “court cannot order the government to immunize a defense witness, courts can dismiss an indictment where the prosecutor’s refusal to grant immunity has violated the defendant’s right to due process”
• explaining that defendant’s presence in the territory of the United States supplies personal jurisdiction
• rejecting the “shop worn” argument that a defendant is a sovereign and is beyond the jurisdiction bounds of the district court
• “A defendant’s due-process rights are violated when the prosecutor abuses his authority to immunize witnesses with the intention of distorting the fact-finding process.”
• \An error is harmless only if it did not affect the district court's choice of sentence.\

Source: CourtListener parenthetical corpus (CC0).