· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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