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· 1/28/2004

United States v. Tapia-Escalera

Citations

  • 356 F.3d 181
  • 2004 U.S. App. LEXIS 1264
  • 2004 WL 144205

How courts have described this case

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

  • noting that, through the 2003 amendment, “Congress has altered'the statute to adopt the government’s position”' that the terms of imprisonment do not aggregate (emphasis omitted)
  • noting that, through the PROTECT Act, “Congress has altered the statute to adopt the government’s position” that the terms of imprisonment do not aggregate (emphasis omitted)
  • reviewing de novo where the appellee did not argue for a plain error standard
  • “[W]here a second violation of conditions occurs, [the offense that resulted in] language necessarily refers back to the original offense of conviction. ...”
  • “[W]here a second violation of conditions occurs, [the offense that resulted in] language necessarily refers back to the original offense of conviction . . . .”
  • PROTECT Act amendments support position that statutory cap \applies afresh\ to each revocation sentence

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Lourie, Lynch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.