· 7/7/2005
United States v. Robert Mykytiuk
Citations
- 415 F.3d 606
- 2005 U.S. App. LEXIS 13508
- 2005 WL 1592956
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Booker requires “that we measure each defendant’s sentence against the factors set forth in § 3553(a),” including “those sentences that fall within a properly calculated Guidelines range”
- defendant can rebut presump- tion of reasonableness attending within-Guidelines sen- tence only by showing sentence is unreasonable when measured against section 3553(a) factors
- “The best way to express the new balance, in our view, is to acknowledge that any sentence that is properly calculated under the Guidelines is entitled to a rebuttable presumption of reasonableness.”
- adopting a rebuttable presumption of reasonableness for within-guidelines sentences
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Rovner, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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