United States v. Shane L. Borer

How courts have described this case

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

• holding no breach of plea agreement where government did not recommend sentence at low end of guideline range, and plea agreement made such recommendation contingent on the range “anticipated by the Presentence Report”
• remanding for resentencing due to incorrect application of Guidelines; directing district court to resentence defendant in light of Booker
• finding no breach when the government failed to recommend the low end of the guideline range, when the “plain language of the plea agreement” made the obligation to do so contingent
• upon direct appeal of incorrect application of the Sentencing Guidelines, remanding for resentencing in light of Booker
• “Because this case must be remanded for resentencing due to an incorrect application of the guidelines, we conclude that the district court also should resentence [the defendant] in light of Booker.”
• “This approach places us in the camp of those circuits that have opted to compare the ‘elements’ or ‘essential characteristics’ of the subject offenses to determine whether they have the requisite similarity”

Source: CourtListener parenthetical corpus (CC0).