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· 11/16/2005

United States v. Visinaiz

Citations

  • 428 F.3d 1300
  • 2005 U.S. App. LEXIS 24604
  • 2005 WL 3065950

How courts have described this case

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

  • concluding that the defendant was barred from attacking the sufficiency of an instruction that he approved after the district court adopted his proffered modifications
  • noting that “Blakely and Booker do not apply to restitution” because “[i]n the Tenth Circuit, restitution is not a criminal punishment”
  • “When no objection to a jury instruction was made at trial, the adequacy of the instruction is reviewed de novo for plain error.”
  • “When no objection to a jury instruction was made at trial, the adequacy of the instruction is reviewed . . . for plain error.”
  • “[Bjecause the district court did not consider the guidelines mandatory, there was no Booker error, constitutional or non-constitutional.”
  • “In the Tenth Circuit, restitution is not criminal punishment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Ebel, Kelly

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.