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Tenth Circuit· 2/12/2008

United States v. Todd

Citations

  • 515 F.3d 1128
  • 2008 U.S. App. LEXIS 3140
  • 2008 WL 363738

About this case

Todd v. United States — U.S. Supreme Court case. This entry links to the full opinion in the CourtListener corpus.

Read the full opinion on CourtListener.

Editorial context from Wikipedia (CC-BY-SA 4.0).

How courts have described this case

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

  • holding that when a district court commits procedural sentencing error, “we must remand for resen-tencing, whether or not the district court’s chosen sentence is substantively reasonable, unless we are able to ascertain that the court’s calculation error was harmless”
  • noting that, in sentencing challenges, factual findings are reviewed only for clear error
  • noting that, in sentencing challenges, factual findings are reviewed only for clear error
  • ‘‘[t]he [United States] Supreme Court and this circuit have both expressly held that acquitted con- duct can be considered for purposes of sentencing’’ (emphasis omitted)
  • “The Supreme Court and this circuit have both expressly held that acquitted conduct can be considered for purposes of sentencing.”
  • “When a district court does err in calculating the applicable Guidelines range, we must remand for resentencing, whether or not the district court’s chosen sentence is substantively reasonable, unless we are able to ascertain that the court’s calculation error was harmless.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Baldock, Gorsuch

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Todd

20 other CourtListener records share this case name.

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.