Eleventh Circuit· 5/19/2009

United States v. Smith

Citations

568 F.3d 923
331 F. App'x 665
2009 U.S. App. LEXIS 10487
2009 WL 1374590

How courts have described this case

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

reasoning that the district court need not articulate each § 3553(a) factor when denying relief under § 3582(c)(2)
holding the record showed the district court considered the § 3553(a) factors when it stated that it had reviewed the defendant’s motion and the government’s response
reasoning the district court need not articulate each § 3553(a) factor when denying relief under § 3582(c)(2)
“The commentary and application notes of the Sentencing Guidelines are authoritative, unless they are plainly erroneous, inconsistent with the regulation they interpret, or contrary to the Constitution or federal law.”
A court “commits no reversible error by failing to articulate specifically the applicability — if any — of each of the section 3553(a) factors, as long as the record demonstrates that the pertinent factors were taken into account by the district court.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Marcus, Pryor, Schlesinger

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9 cases in this archive cite this case.

Cites

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