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Fifth Circuit· 2/17/2006

United States v. Smith

Citations

  • 440 F.3d 704
  • 2006 U.S. App. LEXIS 3994
  • 2006 WL 367011

How courts have described this case

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

  • holding that the Guideline range must be a \frame of reference\ for a non-Guideline sentence
  • holding that the Guideline range must be a “frame of reference” for a non-Guideline sentence
  • holding that a checklist recitation of the § 3553(a) factors is neither necessary nor sufficient for a non-guidelines sentence to be reasonable
  • holding that district courts must provide fact-specific reasons for imposing a non-Guidelines sentence and those reasons must be consistent with the sentencing factors enumerated in 18 U.S.C. § 3553(a)
  • noting that post- Booker a sentence imposed within a properly calculated Guidelines range is afforded a rebuttable presumption of reasonableness
  • noting that a sentence is unreasonable when it “does not account for a factor that should have received significant weight”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Garza, Benavides

Read full opinion on CourtListener

Cited by

136 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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