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· 10/31/2013

United States v. Teniah Tercero

Citations

  • 734 F.3d 979
  • 2013 WL 5832337
  • 2013 U.S. App. LEXIS 22184

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 government waived waiver by failing to assert it in the district court
  • distinguishing between broad instructions and “the kind of specific language that required invalidation” in LaBonte
  • rejecting argument that U.S.S.G. § 1B1.10 conflicts with the Fair Sentencing Act and holding that Administrative Procedure Act’s arbitrary and capricious standard did not apply to promulgation of § 1B1.10
  • “[T]he district court concluded correctly that under the revised version of § 1B1.10, it could not adjust [the defendant]’s sentence below 70 months.”
  • “[T]he district court concluded correctly that under the revised version of § 1B1.10, it could not adjust [the defendant]’s sentence below 70 months.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Smith, Ikuta

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.