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