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· 7/7/2015

United States v. Ruiz-Huertas

Citations

  • 792 F.3d 223
  • 2015 WL 4086319

How courts have described this case

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

  • noting that it is unclear whether an unpreserved substantive reasonableness claim should be reviewed for abuse of discretion or plain error
  • noting that it is unclear whether a substantive reasonableness claim must be preserved below to be afforded abuse-of-discretion review versus a tougher plain error review
  • noting that six out of the seven circuits that had examined the issue held that a substantive reasonableness claim need not be preserved
  • noting that it is unclear whether an unpreserved substantive reasonableness claim should be reviewed for abuse of discretion or plain error
  • explaining that “judgment calls” normally fall within the scope of a sentencing court’s discretion
  • noting that the applicable standard of review “is somewhat blurred,” but not deciding whether a defendant must “preserve a claim that the duration of a sentence is substantively unreasonable”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kayatta, Selya, Barron

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.