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· 7/22/1998

United States v. Wayne Thomas Charles Vautier, A.K.A. Ian Garfield McKinnon Etc.

Citations

  • 144 F.3d 756

How courts have described this case

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

  • explaining that the district court must determine the sentence it would have imposed, given the defendant’s amended guidelines range and holding all other guidelines findings made at the original sentencing hearing constant
  • noting that the district court “has the discretion to decide whether to re-apply a downward departure for substantial assistance when considering what sentence the court would have imposed under the amended guideline”
  • explaining that the district court must determine the sentence it would have imposed, given the defendant’s amended guidelines range and holding all other guidelines findings made at the original sentencing hearing constant
  • discretionary departures are not “guideline application decisions” that remain intact when calculating the amended range
  • “The grant of authority to the district court to reduce a term of imprisonment is unambiguously discretionary.”
  • “The grant of authority to the district court to reduce a term of imprisonment is unambiguously discretionary.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cox, Hull, Kravitch

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.