United States v. Thomas Reid Decarlo

How courts have described this case

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

• noting that the Blockburger analysis need not be used unless “congressional intent is not expressed or cannot be discerned by other methods of statutory construction”
• concluding that conviction on the lesser-included offense must be vacated
• explaining this definition “eliminates any doubt” that undercover officers can trigger the minor victim enhancement
• holding, without analysis, that the failure to object to a fact contained in the presentence report is an admission of that fact (citing United States v. Adkins, 429 F.3d 631 (6th Cir. 2005) (relying on pre-Booker prece- dent to hold same))
• ‘‘[t]he [d]ouble [j]eopardy [c]lause is not violated merely because the same evidence is used to establish more than one statutory violation if discrete elements must be proved in order to make out a violation of each statute’’

Source: CourtListener parenthetical corpus (CC0).