First Circuit· 5/18/2005
United States v. Vazquez-Rivera
Citations
- 407 F.3d 476
- 2005 U.S. App. LEXIS 8880
- 2005 WL 1163672
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 prosecutor’ s reference to coconspirator’s past murder conviction was not improper because it had already been entered in the record
- considering authority raised in a supplemental brief that was not raised in the opening brief because there was an intervening change in law
- stating that “our doubt ... is enhanced by the fact that, while the applicable Guidelines constrained the sentencing judge to the upper margin of sentences available under [the relevant statute], the sentence he chose was at the low end of that margin”
- holding reasonableness standard inapplicable when reviewing pre Booker sentence
- intervening change in law is an exceptional circumstance under which a party may submit supplemental briefing on an issue that was not raised in its opening brief
- “factual certainty alone would not be sufficient to show beyond a reasonable doubt that the judge, acting under an advisory Guidelines system, would have applied the same sentence on the basis of those factors”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Porfilio, Howard
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.