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· 12/8/2014

United States v. Sabillon-Umana

Citations

  • 772 F.3d 1328
  • 2014 U.S. App. LEXIS 23045
  • 2014 WL 6873142

How courts have described this case

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

  • noting that the record can reveal commentary \from the sentencing judge making clear that its error in applying the guidelines didn't adversely affect the defendant's ultimate sentence\
  • noting that we must “follow earlier, settled precedent over a subsequent deviation therefrom” (cleaned up) (quoting Haynes v. Williams, 88 F.3d 898, 900 n.4 (10th Cir. 1996))
  • stating that whether the Constitution allows a district court to either decrease or increase a defendant’s sentence based on facts found “without the aid of a jury or the defendant’s consent” is “far from certain”
  • stating that whether the Constitution allows a district court to either decrease or increase a defendant’s sentence based on facts found “without the aid of a jury or the defendant’s consent” is “far from certain”
  • acknowledging that remanding for resentencing does not help the defendant or enhance the integrity of judicial proceedings when a district judge analyzes a case under alternative theories and indicates he or she would arrive at the same sentencing conclusion either way
  • application of an erroneous Guidelines range \ 'runs the risk of affecting the ultimate sentence regardless of whether the court ultimately imposes a sentence within or outside' \ that range

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, Sentelle, Murphy

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.