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· 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 CourtListener

Sourced 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.