· 5/3/2005
United States v. Tek Ngo
Citations
- 406 F.3d 839
- 2005 U.S. App. LEXIS 7599
- 2005 WL 1023034
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 court’s finding that the defendant’s prior convic- tions were not part of a common scheme or plan violated the Sixth Amendment principles articulated in Shepard
- stating that, under Shepard, the district court may consider a sentencing transcript, because it has “ ‘the conclusive significance’ of a prior judicial record”
- ordering a limited remand where district court considered sources that were not authorized under Shepard in finding that defendant was a career offender
- district court went beyond fact of defendant’s prior convictions to additionally conclude that convictions were not part of a common scheme or plan
- District Court may rely only on “those findings traceable to a prior judicial record of conclusive significance” to determine whether prior convictions are related to one another
- District Court may rely only on “those findings traceable to a prior judicial record of conclusive significance” to determine whether prior convictions are related to one another
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Wood, Sykes
Read full opinion on CourtListenerSourced 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.