· 3/9/2010
United States v. Salem
Citations
- 597 F.3d 877
- 2010 U.S. App. LEXIS 5115
- 2010 WL 780203
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that government \waived its right to rely on plain error review\ when it failed to request that standard of review
- requiring findings on scope, in‐fur‐ 2 White was sentenced using the 2016 version of the Guidelines. Amendment 790 replaced the two elements (foreseeability and in‐further‐ ance) with three (scope, in‐furtherance, and foreseeability). See U.S.S.G. app. C (Supp. 2016
- waiver where defendant made apparent strategic choice not to dispute relevant conduct in PSR when doing so might have jeopardized reduction for acceptance of responsibility
- waiver is the intentional relinquishment of a known right which precludes appellate review
- “[E]ven if the court had adopted the findings in the PSRs in this case at the time of sentencing, the court's factual findings would still be deficient on a key element of the relevant conduct analysis: the scope of the jointly undertaken criminal activity.”
- requiring findings on scope, in-furtherance, and foreseeability
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Wood, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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